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HomeMy WebLinkAboutPD 29-09 C1q 00 REPORT TO PLANNING & DEVELOPMENT KEIZI COMMITTEE PIC G_ Report Number: PD 29-09 96 Date: October 5, 2009 From: Neil Carroll Director, Planning & Development Subject: Durham Region Official Plan Amendment Application OPA 2008-001 Official Plan Amendment Application OPA 05-04/P Amendment 20 to the Pickering Official Plan Zoning By-law Amendment Application A 33/05 Kinsale Properties Ltd. (Part of Lot 4, Concession 6) City of Pickering Recommendation: 1. That Report PD 29-09 of the Director, Planning & Development regarding Official Plan Amendment Application OPA 05-04/P, Amendment 20 to the Pickering Official Plan, be received; 2. (a) That Amendment 20 to the Pickering Official Plan initiated by Kinsale Properties Ltd., to permit a 12-hole golf course and associated uses by redesignating the lands from Agricultural Areas, Open Space System - Natural Areas and Exception (E1-3.20.a) to Open Space System - Active Recreational Areas as set out in Exhibit "A" to Appendix I to Report PD 29-09 be adopted and forwarded to the Region of Durham for approval; (b) That the Draft By-law to adopt Amendment 20 to the Pickering Official Plan to establish a golf course with maintenance buildings, a clubhouse with limited food services and a separate building with an indoor golf simulator as set out in Appendix I to Report PD 29-09 be forwarded to Council for enactment; 3. That Council advise the Region of Durham that it supports the application to amend the Durham Regional Official Plan, File: OPA 2008-P-51, submitted by Kinsale Properties Ltd., to redesignate a 29.9 hectare site in the City of Pickering from Prime Agricultural Areas to Major Open Space Areas to permit the development of a 12-hole golf course; 4. That Zoning By-law Amendment Application A 33/05 submitted by Kinsale Properties Ltd. for lands being Part of Lot 18, Concession 1, City of Pickering, to amend the zoning of the subject property to permit a 12-hole golf course with maintenance buildings, a clubhouse with limited food services and a separate building with an indoor golf simulator as outlined in Report PD 29-09 be approved; Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 2 7 5. That the draft by-law to amend Zoning By-law 3037, as amended by By-law 1751/83 to permit a 12-hole golf course with maintenance buildings, a clubhouse with limited food services and a separate building with an indoor golf simulator is to be forwarded to Council for enactment once the Ministry of Natural Resources advises the City that the final limits of development and boundaries for open space zoning are appropriate; and 6. Further, that the City Clerk forward a copy of Report PD 29-09 to the Region of Durham and the Town of Ajax for information. Executive Summary: The applicant, Kinsale Properties Ltd., proposes to develop a 12-hole golf course with a clubhouse offering limited food services, a maintenance building and shed, and an indoor golf simulator facility on lands located west of the Hamlet of Kinsale, generally at the northeast corner of the intersection of Highway 7 and Sideline 4 (see Attachment #1). The subject lands are located south of the recommended route for the extended Highway 407. Applications submitted to support the proposal include amendments to the Durham Region Official Plan, the Pickering Official Plan and Zoning By-law 3037. The subject property has an area of 29.9 hectares, is bisected by an intermittent tributary of the Carruther's Creek and contains abandoned farm pasture, an earth fill mound and is covered by some plantation pine and Hawthorn Scrub. The proposed golf course landscape is proposed to blend naturally with the adjacent landscapes. Staff has evaluated the requests to amend the Regional and Pickering Official Plans and the City Zoning By-law. In doing so, staff has considered the results of the submitted agricultural, environmental, hydrogeological and planning studies, comments from other agencies, policy considerations, resident and landowner comments, public meeting and site visits. Planning staff concludes that a golf course use is appropriate on these lands considering its benefit to the community, its contribution to fulfilling the City's rural system's goals and objectives, and its evaluation against agricultural and environmental issues. An amendment to the Pickering Official Plan is recommended to permit the redesignation of the subject lands to Open Space System - Active Recreational Areas. The proposed Official Plan Amendment is set out in Appendix I to this report, and the adopting by-law should be forwarded to Council for enactment. Staff also supports the Regional Official Plan Amendment application, considering the matters noted above. The zoning by-law amendment application is recommended for approval and will be forwarded to Council for enactment once the Ministry of Natural Resources advises the City that the final limits of development and boundaries for open space zoning are appropriate. It is anticipated that the zoning by-law amendment will require an 'H'- Holding Category. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 3 911 Requirements to lift the 'H' could include the preparation and execution of a development agreement addressing matters such as the upgrading of Sideline 4, construction schedule, securities, off-site works and a conservation easement in favour of TRCA over the tributary. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: The applicant's proposal is aligned with the community level sustainability principles of natural heritage conservation and protection as well as the site/building level principles of (water and wastewater efficiency) and stormwater management. The course is proposed to integrate into the natural topography and vegetation of the proposed site and to blend naturally with the adjacent landscapes. Some of the property has lost its sense of natural or historical character, such as the abandoned agricultural fields and the fill pile. It is proposed that the golf course development will improve upon the landscape, recreate a natural quality and appearance to the land and provide opportunities to enhance the character and interaction between the land and the past history of the property. It is proposed that the Audubon Cooperative Sanctuary Program for Golf Courses (ACSP) be an integral function of the proposed golf course. Water conservation is proposed to be achieved as the combination of a shorter golf course and the use of natural grasses requires less water than a typical golf course. Background: 1.0 Introduction The subject site is located west of the Hamlet of Kinsale, generally at the . northeast corner of the intersection of Highway 7 and Sideline 4 (see Attachment #1). The eastern portion of the site, is covered by a large mound of fill that was the result of extensive filling by the property owner. The filling operation ceased in 2002. An intermittent unnamed tributary of the Carruther's Creek traverses the site from north to south. A small portion (approximately 1.2 hectares) of the southerly part of the site was used for commercial purposes, most recently a marine service operation/truck maintenance facility which has been removed from the site. One structure from this operation remains on the site, and the remainder of the site is vacant. The development proposal includes the following (see Attachment #2): • 12-hole (Par 36; 1,473 yards to 2,026 yards) golf course; Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 4 99 • a 176 m2 clubhouse offering limited food services and an associated parking area for 100 vehicles; • a 237 m2 indoor golf simulator facility and associated parking area for 28 vehicles; • a 163 m2 maintenance building and associated parking for five vehicles; and • a 31 m2 maintenance shed. The golf course is proposed to also provide a practice putting green and four pond water hazards and incorporates the intermittent tributary. Clear span crossings are proposed for the tributary and include one combined vehicle/cart crossing and two cart crossings. Domestic and irrigation water will be provided by a proposed drilled well to be situated near the indoor golf facility or clubhouse. Sanitary sewage will use a private septic field and tile bed servicing both the clubhouse and indoor golf facility to be situated near the proposed buildings. Golf course watering will utilize water stored in two of the ponds.' The surrounding land uses are: North: Limited agricultural land, the recommended route alignment for Highway 407 and hydro corridor. South: Highway 7 (widening is currently underway), across Highway 7 is a vacant residential dwelling, agricultural land, and approximately 1 kilometer to the south are two residential homes and a new estate residential development (Barclay Field Stone Estates). West: The immediately adjacent property on the corner is a residential home/property maintenance company, the area to the west across Sideline 4 is used as active agricultural land (Clark and Ibanez farms). East: Agricultural land (orchard), a vacant parcel and the Hamlet of Kinsale (approximately 400 metres). The applicant has submitted an applicatiori to amend the City of Pickering Official Plan and zoning by-law to permit the proposed golf course/facility. The Official Plan amendment proposes to redesignate the lands from Agricultural Areas, Open Space System - Natural Areas to Active Recreational Areas. The Official Plan amendment application also proposes to delete an exception that exists on a portion of the subject site which permits a farm implement dealership and vehicle repair and service establishment. In addition, the applicant has submitted an application to amend the Region of Durham Official Plan in order to redesignate the property from Prime Agricultural Areas to Major Open Space Areas. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 5 The rezoning application proposes to rezone the lands from Rural Agricultural "A" and Rural Agricultural Exception "A(FID)"- Agricultural-Farm Implement Dealership in Zoning By-law 3037 as amended by By-law 1751/83 to Agricultural Golf Course "A/GC" to permit the proposed golf course use and to Open Space/Hazard Lands "OS/HL"to protect the tributary and associated buffers prohibiting golf course use. 2.0 Comments Received 2.1 At the July 7, 2008 Public Information Meeting (see text of Information Report & Meeting Minutes, Attachments #3 & #4) No members of the public in attendance at the public information meeting spoke in support or opposition to the application. Councillor Johnson noted that David Clarke, a long time Pickering farmer, could not make the meeting but wanted to have it noted that he would continue to spread manure on his fields to the west of the lands subject of the application for a proposed golf course. Written correspondence from John Ward, 3290 Highway 7, Pickering, noting his concern with possible impact on his well due to the development was provided to the Committee. 2.2 Agency Comments. The following detailed comments from involved agencies were received in response to the circulation of the applications to amend the Region of Durham Official Plan, and the City of Pickering Official Plan and zoning by-law, and are included with this Report as Attachments #5 to #1.5: • The Region of Durham Planning Department commented that the proposal is also the subject of an application to amend the Durham Regional Official Plan, which has been circulated to the City of Pickering and review agencies for comments (see Attachment #5); • The Region of Durham Works Department provided the following comments (see Attachment #6): - municipal water supply and sanitary sewers are not available to the property and the Region has not made provision in its Capital Budget for extending services to this location; - this proposal will have a negligible impact on the Region's arterial road network; Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 6 101 • The Region of Durham Health Department commented that the Total Daily Design Capacity of the private sewage system that will service the proposed Golf Course is >10,000 I/day which falls under the Water Resources Act and in this regard the Ministry of Environment (MOE) should be contacted for comments (see Attachment #7); . • Town of Whitby had no objection to the proposal (see Attachment #8); • Town of Ajax Staff have advised the Region of Durham of concerns about the potential downstream effects of this proposal and requested the Region to advise of the status of peer reviews of the environmental impact, and hydrogeological and agricultural reports to assist in the preparation of a recommendation report for Ajax Council's consideration (see Attachment #9); • The Ministry of Agriculture, Food and Rural Affairs has requested that the issues of need and alternative locations are to be reviewed by Durham Region as per Section 2.3.5.1 c) (2), (3), & (4) of the PPS and in order to fully address Section 2.3.5.1 c) (4) of the PPS, soil capability mapping and a summary table need to be provided outlining the makeup and percentages of the Canada Land Inventory soil classification of the subject lands (see Attachment #10); • 'Veridian had no comment (see Attachment #11); • Toronto and Region Conservation Authority (TRCA) had no objection in principal to the proposed land use subject to the applicant confirming the Ministry of Natural Resources (MNR) acceptance of the buffers and the following comments which can be summarized as follows (see Attachment #12): - the subject property is partially located within a TRCA Regulated Area associated with a tributary of the Carruthers Creek. In accordance with Ontario Regulation 166/06 a permit is required from the TRCA prior to development in the regulated area; - the natural heritage system be adequately protected through the Open Space System - Natural Areas designation and rezoned to an appropriate open space zoning category to limit uses to that of a natural area; - prior to site plan approval or the issuance of TRCA permits the developer will be required to 1) enter into an agreement to convey a conservation easement over the natural heritage system to the TRCA, 2) prepare a ground and surface water monitoring program to TRCA satisfaction, and 3) provide a letter of credit to the City to secure the implementation of the approved ground and surface water monitoring program and peer review of the monitoring reports; • The Ministry of Transportation of Ontario had no objection in principle and provided comments which can be summarized as follows (see Attachment #13): Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 7 minimum of 14 metre setback from the Highway property line for any new buildings/structures/significant landscape features, above and below ground; - access to be via Sideline 4; - comprehensive traffic impact study taking into account impact on Highway 7 and a stormwater management report including servicing and grading plans are required; - MTO permits are required prior to any construction; • City Development Control commented that Sideline 4 is to be upgraded to a hard surface from Highway 7 to the proposed golf course entrance and the developer will be required to enter into an agreement with the City to satisfy requirements for any off-site works (see Attachment #14); • City Municipal Property & Engineering commented that a more detailed tree inventory and preservation plan will be required during the site plan stage and City installed culvert onto Sideline 4, along with the necessary permit and fee will be required (see Attachment #15). 3.0 Discussion 3.1 City Council may consider permitting other uses and activities within the rural area by amendment to the City of Pickering Official Plan The applicant has submitted an application to amend the City of Pickering Official Plan and zoning by-law in order to permit the proposed golf facility/course. The subject lands are Rural Lands within Pickering's Rural System. The majority of the subject lands are designated Agricultural Areas. A portion of the subject lands which are in proximity to the permanent flow portion of the tributary, are designated Open Space System - Natural Areas. A small portion of the site along Highway 7-has an exception to permit a farm implement dealership and vehicle repair and service establishment. The application is to redesignate the lands from Agricultural Areas, Open Space System - Natural Areas and Exception (E1-3.20. a) to Open Space System - Active Recreational Areas. Uses permitted by the Open Space System - Natural Areas designation include among other uses, natural areas including conservation and environmental protection and active recreational, community and cultural uses. The Open Space System - Active Recreational Areas designation permits the proposed 12-hole golf course and protects the natural.heritage system. The Pickering Official Plan indicates that City Council may consider permitting other uses and activities within the rural area by amendment to the Plan subject to considering, among other development review requirements, a planning analysis, an agricultural report and an environmental report. When considering applications to amend the Plan, City Council is to consider the overall benefit to the community of the proposal. The planning analysis is required to evaluate the proposal against the relevant goals, objectives and general purpose and intent of the Plan. I Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 8 103 Planning Analysis The applicant has provided a planning report indicating that the subject property is not viable for agricultural use because of the adjacent non-farm uses and on-site restrictions. Development of the property as a golf course.addresses the goals of the Rural Lands System in providing additional job opportunities, enhancing the rural community through integrating the development into the landscape and providing a recreational opportunity for the community. The Official Plan states that Rural Lands are very diverse, supporting a variety of uses including farming, open space, golf courses and conservation areas as well as large properties used for residential purposes. The intention of the Official Plan is to provide for a diversity of uses on rural lands, especially those that provide rural economic benefits and enhance or are compatible with the rural character of the area. Agricultural Justification The applicant provided an agricultural justification report and an addendum report to justify the use of agricultural lands for non-agricultural purposes as required by City of Pickering Official Plan, the Durham Regional Official Plan and the Provincial Policy Statement (PPS). Agricultural impact reports are required to demonstrate that a proposal: • Will not significantly adversely affect the amount or quality of Class 1 to 3 agricultural lands; • Complies with the Minimum distance Separation Formulae in the PPS; and • Cannot be accommodated on less significant agricultural lands, in a rural settlement or in the urban area. The Agricultural Justification and Addendum Reports were peer reviewed through a Regional process which included City and Regional staff. The peer review concluded that the proposed golf course on the subject land is consistent with the Provincial Policy Statement, and the future planning of both the City of Pickering and the. Region of Durham. Reasons cited are that the parcel is no longer considered prime agricultural land, that the proposed golf course will not have any adverse impacts on any adjacent properties and that the future development of these lands as a golf course will have the effect of enhancing the area as it will provide a buffer between the proposed/future residential and commercial/industrial lands and any agricultural land that is to remain. The 2005 Provincial Policy Statement requires that new land uses comply with the Minimum Distance Separation (MDS) Formulae. The MDS Formulae is a land use planning tool that determines a recommended separation distance between a livestock barn or manure storage and another land use. The objective of MDS is to prevent land use conflicts and minimize nuisance complaints from odour but not for other nuisances such as noise or dust. The MDS policy requires that sensitive uses (residential and active recreational uses) be separated (buffered) from manure producing livestock operations (i.e.; neighbouring horse barns). Report -PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 9 9 ^ The Agricultural Justification Report provided by the applicant, provided MDS calculations for the Clark and Ibanez barns. The Clark farm is located across Sideline 4 to the west of the subject lands and the Ibanez farm is located southwest of the subject lands, generally southwest of Highway 7 and Sideline 4. The justification report found that the existing barns on the neighbouring Clark and Ibanez properties comply with the minimum distance separation to the proposed golf course. At the July 7, 2008, Public Information Meeting, through Councillor Johnson, David Clarke noted that he would continue to spread manure on his fields. Based on the findings of the MDS Formulae, the development of the golf course will not prohibit the spreading of manure by Mr. Clarke on his neighbouring farm, as part of his normal farming practices. i Environmental Report In support of Official Plan amendments proposing to permit other uses and activities within the rural area environmental reports are required to demonstrate that the proposed use: • Will not adversely affect the quality, or function of natural features and resources, including groundwater; and • Is energy efficient and environmentally appropriate in terms of its form, water usage and sewage disposal. The environmental impact study submitted by the applicant and peer reviewed indicates that the subject property is dominated by old field meadow and cultural thicket vegetation, including significant portions of non-native species. No woodlands, significant or evaluated wetlands, or other provincially significant features are found on or within 120 metres of the property. The majority of the land, with the exception of the tributary and wetland pool, provide low environmental constraint to development. The tributary, and wetland pool, presents a medium to high environmental constraint to development. The tributary and associated buffers are proposed to be protected through zoning prohibiting golf course use. The wetland pool is proposed to be maintained as part of the golf course, as well as the addition of other naturalized ponds. It is proposed that the intended golf management techniques will assist in mitigating the impact of the golf course development and preserving the existing natural environment providing minimal disturbance to the surrounding features and functions. It is also proposed that construction impacts will be appropriately mitigated. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 101 0 5 3.2 The applicant has made an application to amend the Region of Durham Official Plan The application is to redesignate the property from Prime Agricultural Areas to Major Open Space Areas. The Region held a Statutory Public Meeting on June 3, 2008. No members of the public in attendance at the meeting spoke in support or opposition to the application. The applicant's consultant appeared before the Regional Committee and spoke to the application and responded to the Committee's questions. At the public meeting the public was advised that the lands are located outside of the Greenbelt Plan Area and are within the area being considered for future urban expansion through the Region's Growth Plan Implementation Study. On June 3, 2009, Regional Council adopted ROPA 128 which redesignates the subject lands from Prime Agricultural Areas to Employment Areas. The redesignation provides a policy context for the development of a golf course within an Employment Area. The proposed golf course use provides an appropriate interim use for the property and the proximity of the golf course relative to the expanded Living Area provides a buffer to the future Employment Areas. Regional planning staff recommendation will be considered by Regional Planning Committee after the local Official Plan and rezoning applications are considered by the City of Pickering Council. 3.3 Audubon Cooperative Sanctuary Program for Golf Courses The applicant proposes that the Audubon Cooperative Sanctuary Program for Golf Courses (ACSP) be an integral function of the proposed golf course. The ACSP promotes ecologically healthy land management and the preservation of natural resources. The applicant's Golf Course Design and Management Plan indicates that standards set by local, provincial and federal regulation agencies overlap with those of the ACSP in many areas, including stormwater management, drainage, water conveyance, erosion/sedimentation control during construction and pesticide/fertilizer application. The ACSP promotes ecologically healthy land management and the preservation of natural resources. Important aspects of the ACSP is the establishment of the Integrated Pest (and Tu_rfgrass) Management (IPM & ITM) programs and the safekeeping of the area's water resources. Water conservation is proposed to be achieved as the combination of a shorter golf course and the use of natural grasses requires less water than a typical golf course. The area of maintained turf grass is approximately 20% that of a regular length golf course and the areas of rough grasses are only mowed occasionally, and are not irrigated. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 11 106 It is proposed that runoff volumes will remain unchanged and that the golf course will be well drained with sub-drainage systems. Gentle swales and a surface drainage system will convey surface runoff. All flows will be directed. to the proposed pond complex, where possible, to the vegetated zones alongside the stream or natural wet meadow/forested zones. The ponds will act as water quality basins designed to detain and retain all water captured during typical maintenance and rainfall events. Important aspects of the ACSP is the establishment of the Integrated Pest (and Turfgrass) Management (IPM & ITM) programs and the safekeeping of the area's water resources. The IPM program will be managed by the golf course superintendent who will have accreditation through the IPM Accreditation Program. The ITM program integrates all aspects of the golf course maintenance, as well as all other maintenance programs including irrigation, fertilizing and mowing practices and enhancement and maintenance of all natural areas. Utilizing natural grasses, shrubs and tree groupings to provide wildlife habitat and wildlife corridors, the golf course will integrate into the natural landscape (the creek valley and scrublands to the west) and enhance the existing man-made landscape that will become naturalized areas between the golf holes. 3.4 Ontario's cosmetic pesticides ban Ontario's cosmetic pesticides ban which took effect April 22, 2009, is part of the provincial government's toxics reduction strategy to reduce pollution and protect families from toxic chemicals. There are exceptions for golf courses, if certain conditions are met. Golf courses will be able to use pesticides only on the actual playing surfaces and not on lawns, gardens, patios and other outdoor areas associated with the course. Biopesticides and lower risk pesticides can be used to manage weeds, insects and plant diseases on lawns and gardens and to maintain the health of trees. In order to continue using pesticides in their maintenance operations, golf courses must be fully accredited in IPM within two years of the golf course being registered by an approved IPM accreditation body. IPM accreditation requires training of grounds-keeping staff, maintaining detailed records of pesticide use, employing alternative methods of controlling pests prior to pesticide use and participating in an annual audit process. 3.5 Hydrological and hydrogeological assessments indicate that there is adequate water quality and supply The hydrological assessment submitted by the applicant and peer reviewed concluded that the proposed development will have little to no impact on the onsite intermittent tributary and existing water quality and quantity. In compliance with the Ontario Drinking Water Standards, with nitrate concentrations typical of groundwater in rural-agricultural areas, it is recommended that site plan approval require tertiary treatment of septic waste to minimize potential impacts of the proposed septic on the water quality in the creek. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 12 107 The proposed golf course design includes a series of four ponds to be used to support course irrigation and it is expected that the ponds will reduce on-site drainage to the creek. The hydrology assessment which was also peer reviewed indicated that the reduction is minimal and development of the golf course is not expected to have any discernable effect of flow conditions in the creek. In addition, the existence of the ponds will not change the existing catchment area of the creek. The estimated water demands of the proposed golf course require a Category 2 Permit to Take Water (PTTW) from the Ontario Ministry of the Environment (MOE). A 2007 preliminary investigation suggests that wells completed in the Greenwood aquifer can produce yields to support the proposed irrigation system. The PTTW process will require a water supply assessment report identifying any degree of interference on local wells that currently exist in the Greenwood aquifer. At the July 7, 2008, Public Information Meeting, John Ward expressed concern with the possible impact on his well due to the proposed golf course. The PTTW water supply assessment report and the TRCA required ground and surface water monitoring program will address Mr. Ward's comments respecting impact on his well. 3.6 Final approval of a zoning bylaw is premature until the Ministry of Natural Resources confirms the limit of the buffers The proposed concept plan has been revised to the satisfaction of TRCA providing for the greater of either a 30 metre buffer from the watercourse, or a 10 metre buffer from top of bank. However, as of February 2009, the redside dace is listed as an endangered species under the Provincial Endangered Species Act, 2007. The redside dace is a rare minnow that'is generally considered to be an indicator species of the health of local watercourses and environmental quality in general. Redside dace have been reported in downstream reaches of Carruther's Creek north of Highway 2 in Ajax. TRCA has commented that the redside dace recovery strategy requires a buffer of 30 metres from the meander of the unnamed tributary of the Carruther's Creek. As TRCA cannot screen projects under the Endangered Species Act, 2007, TRCA requested the owner to contact MNR to advise the City on the feasibility of the creek crossings and the final limits of development and exact boundaries for open space zoning. Until the boundaries for open space zoning are finalized, it is premature to adopt and bring into force the implementing zoning bylaw. It is recommended that the proposed draft Official Plan Amendment be adopted, the zoning by-law amendment application be approved and that the draft by-law to amend Zoning By-law 3037 be forwarded to Council for approval once the Ministry of Natural Resources advises on the final limits of development and exact boundaries for open space zoning. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 13 3.7 TRCA has requested that the Owner convey a conservation easement over the natural heritage system to the TRCA Prior to site plan approval or the issuance of any TRCA permits, TRCA has requested that the owner convey to TRCA a conservation easement over the tributary and associated buffer. In general terms, a conservation easement is an encumbrance creating a legally enforceable land preservation agreement restricting development. As the tributary bisects the subject property, conveyance of the tributary to the TRCA would create a natural severance and pose difficulty in the operation of the golf course. The easement will provide a similar level of protection as public ownership and further protection will be achieved through the. Official Plan designation and rezoning prohibiting development within the tributary and buffer areas. Details of the easement are to be resolved between TRCA and the owner. The Natural Areas designation is applied only to the permanent flow portion of the tributary which is located in the south portion of the property. The remainder of the tributary to the north has an intermittent flow and will continue under the proposed extension of Highway 407 to the north. To the south the tributary runs under Highway 7, which is currently being widened. South of Highway 7 the tributary is still in private ownership until farther south where the tributary and associated buffer have been conveyed to TRCA through the registration of the Barclay Estates Plan of Subdivision, 40M-2302. Ownership of the natural heritage area will remain with the property owner and will enable the owner to provide crossing over the tributary. One combined vehicular/cart crossing and two cart crossings are proposed. TRCA will have the ability to monitor use of the natural heritage area to ensure compliance with the terms of the easement and to enforce the terms if a violation occurs. 3.8 MTO has commented that road access shall be via Sideline 4 and not Highway 7 The pre-existing Highway 7 accesses to this site do not conform to MTO standards and requirements. Site access is proposed to be relocated to Sideline 4 approximately 395 metres north of Highway 7. The access driveway has one inbound lane and one outbound lane and provides connection to an internal roadway system that crosses the tributary providing access to the clubhouse, golf simulator facility, maintenance area and associated parking areas. The existing access to Highway 7 is proposed to be gated and locked providing emergency/maintenance access only. The viability and details of the emergency/maintenance access is to be determined through site plan approval. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 14. 109 3.9 Importation of fill and topsoil and resulting truck traffic and the requirement that the implementing zoning by-law to have an 'H'- Holding Category The applicant proposes to import fill and topsoil to cover an existing fill pile and sculpt the lands into a golf course. The existing fill pile which has seen slumping is currently subject of an application with the City for stabilizing work using on-site materials. Imported fill will only be used in those areas where on-site fill generated from two ponds to be constructed cannot be utilized. Imported topsoil will be required to cover the fill and to allow proper and healthy turf grass growth and naturalized areas. The applicant has recently estimated the following amounts of clean fill and topsoil required to be imported to the site and has converted the amounts to an estimated number of trucking days: • Clean. fill: 27,300 cu. m. is equivalent to 1,428 truck trips or 36 days of trucking (40 trucks per day); • Topsoil: 6,825 cu. m. is equivalent to 357 trucks or 9 days of trucking (40 trucks per day). The impact on the surrounding community resulting from the trucking in of fill and topsoil is a concern. Also of concern is the completion of the golf course in a reasonable time. In response to these concerns the applicant proposes to accept fill and topsoil at the site between 9 am and 3 pm. Staff anticipate that the by-law to be brought forward to Council at a future date will have an 'H'- Holding Category. In order to address the concerns regarding community impact, requirements to lift the 'H' could include the preparation and execution of a development agreement addressing matters such as a construction schedule and securities. 3.10 Sideline 4 to be upgraded and other off-site works require the implementing zoning by-law to have an 'H'- Holding Category The recommended route of the Highway 407 extension is to the north of the subject site. Plans for the recommended route show Sideline 4 terminating in a cul-de-sac at the future extension. Sideline 4 will no longer be a through road at this point providing access only to the subject lands. During the environmental assessment process for the extension City staff participated in the review of whether local roads will or will not pass over the 407 extension. The recommended 407 route proposes a commercial vehicle inspection facility adjacent to the east bound lanes in the vicinity of Sideline 4 requiring a bridge having a very large span should Sideline 4 overpass the 407: Due to this technical requirement, staff have agreed to the termination of Sideline 4 at the 407 extension. Sideline 4 is required to be upgraded from a gravel surface to a hard surface from Highway 7 to the entrance of the golf course. The owner will be required to enter into an agreement with the City to satisfy the requirements for the upgrading of Sideline 4 in addition to any other off-site works including a new entrance culvert. Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 15 As noted in the previous section of this report, it is anticipated that the by-law to be brought forward to Council at a future date will have an 'H'- Holding Category. Requirements to lift the `H' could include the preparation and execution of a development agreement addressing matters such as the upgrading of Sideline 4, off-site works, and the conservation easement and letter of credit required by TRCA securing the implementation of the approved ground and surface water monitoring program and peer review of the monitoring reports. 3.11 The zoning by-law is to prohibit full restaurant and banquet uses Proposed is a year round facility consisting of a 12-hole, par 3 golf course and a golf simulator facility housing 2 to 3 simulators. The marketing strategy is directed towards beginner and family golfers and providing a more affordable golf experience. While designed to be challenging enough for experienced golfers, the shorter course is intended for the golfer to work on the game and to provide for a more relaxed time frame. The applicant's Golf Market Study indicates that this type of course is unique to the region and should fill an undersupplied niche market. Food services to be provided at the clubhouse will be limited to BBQ style service and sandwich options. In order to ensure the golf course is operated as planned it is recommended that the zoning by-law limit the building gross floor areas, not permit a full restaurant or banquet use and limit ancillary uses. 3.12 A site plan can be approved, once the zoning is in force, that will reflect standards suitable for a golf course on the subject lands It is recommended that council require that the following matters be addressed through the consideration of site plan approval for this proposal: - adherence to the ACSP for golf courses; - improvements to Sideline 4 to a hard surface from Highway 7 to the proposed golf course entrance including the provision for a City installed culvert onto Sideline 4 along with the necessary permit and fee; - MTO approval of a proposed emergency/maintenance access to Highway 7; - ensure a minimum of 14 metre setback from the new Highway property line for any new buildings/structures/significant landscape features, above and below ground; - enter into an agreement with the City to satisfy requirements for any off- site works; - enter into an agreement with TRCA to convey a conservation easement over the natural heritage system to the TRCA, to the satisfaction of TRCA; - finalization of the proposed crossings of the creek; Report PD 29-09 October 5, 2009 i Subject: Kinsale Properties Ltd. Page 16 111 - monitoring reports; - tertiary treatment of septic waste; - provision of a more detailed tree inventory and preservation plan; and - other appropriate matters such as the use of meshing (if necessary) to ensure there are no errant golf balls onto Sideline 4 or neighbouring properties. 3.13 The proposed Official Plan Amendment and rezoning applications to permit a golf course are appropriate Redesignating the lands to the Open Space System- Active Recreational Areas designation is appropriate as the proposed uses are permitted by this designation, this is the designation used for other golf courses in the City and development of the golf course meets the intent of the Open Space System in the promotion of the community's physical and mental health. The design of the proposed golf course recognizes existing site conditions and utilizes naturalized areas for the integration of natural features into the development. The key on-site natural features are intended to be protected through the use of zoning provisions and a conservation easement in favour of the TRCA ensuring consistency with the intent of the Official Plan policies in Section 13.4 - Design with Nature. Evaluating the Kinsale Properties Ltd. proposal against the City Official Plan criteria for considering other uses and activities within the rural area by amendment to the Plan and recommends an amendment to the Official Plan redesignate the lands west of the Hamlet.of Kinsale, generally at the northeast corner of the intersection of Highway 7 and Sideline 4 to Open Space System - Active Recreational Areas, as set out in the draft amendment in Exhibit "A" to this report. The amendment must await the approval of the related Regional Official Plan Amendment prior to coming into effect. The zoning by-law amendment application is also recommended for approval and is recommended to be forwarded to Council for enactment once the Ministry of Natural Resources advises the City that the final limits of development and boundaries for open space zoning are appropriate. The zoning by-law amendment may require an 'H'- Holding Category. Requirements to lift the 'H' could include the preparation and execution of a development agreement addressing matters such as the upgrading of Sideline 4, off-site works and the- conservation easement in favour of TRCA over the tributary. 4.0 Applicant's Comments The applicant is aware of the contents of this report and concurs with staffs recommendations. Appendix: Appendix I: Draft By-law to Adopt Amendment 20 to the Pickering Official Plan Report PD 29-09 October 5, 2009 Subject: Kinsale Properties Ltd. Page 17 Attachments: 1. Location Map 2. Applicant's Conceptual Site Plan 3. Text of Information Report No. 12-08 4. Minutes from July 7, 2008 Statutory Public Information Meeting 5. Region of Durham Planning Department 6. Region of Durham Works Department 7. Region of Durham Health Department 8. Town of Whitby 9. Town of Ajax 10. Ministry of Agriculture, Food and Rural Affairs 11. Veridian 12. Toronto Region and Conservation Authority 13. Ministry of Transportation 14. Development Control Comments 15. Municipal Property & Engineering Comments Prepared By: Approved/Endorsed By: Deborah Wyli MCIP, RPP Neil Carro CIP, RPP Senior Planner - Policy Director, Planning & Development Lynda T lor, MCIP, PP Manager, Develop "ent Review DW: LT: jf Copy: Chief Administrative Officer Recommended for the consideration of Pickering City o. T as J. Q inn D VR, MM III Chief Adminis ive O 113 APPENDIX NO. I TO REPORT PD 29-09 BY-LAW TO ADOPT AMENDMENT 20 TO THE CITY OF PICKERING OFFICIAL PLAN 114 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. A OR fT Being a By-law to adopt Amendment 20 to the Official Plan j for the City of Pickering. (OPA 05-04/P) WHEREAS pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of The Corporation of the City of Pickering may by by-law adopt amendments to the Official Plan for the City of Pickering; AND WHEREAS pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and Housing has by order authorized Regional council to pass a by-law to exempt proposed area municipal official plan amendments from its approval; AND WHERERAS the Region has advised that this Amendment is NOT exempt from Regional approval; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. That Amendment 20 to the Official Plan for the City of Pickering, attached hereto as Exhibit "A", is hereby adopted; 2. That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments, to seek Regional approval of an Amendment to the Pickering Official Plan; 3. This By-law shall come into force and take effect on the day' of the final passing hereof. BY-LAW read a first, second and third time and finally passed this day of 2009. David Ryan, ~jti~ Debi A. Wilcox, City Clerk i III Exhibit "A" to By-law 115 AMENDMENT 20 TO THE PICKERING OFFICIAL PLAN 116 AMENDMENT 20 TO THE PICKERING OFFICIAL PLAN, PURPOSE: The purpose of this amendment is to redesignate the subject lands from "Agricultural Areas", "Open Space Systems - Natural Areas" and "Exception (E1-3.20.a)" to "Open Space System - Active Recreational Area" in order to permit the .establishment of a golf course with a maximum of a 12-holes with associated uses including a clubhouse, indoor golf simulator facility and maintenance buildings/sheds. LOCATION: The subject lands consist of a total area of approximately 29.9 hectares. They are located west of the Hamlet of Kinsale, generally at the northeast corner of the intersection of Highway 7 and Sideline 4. The lands have frontage on Sideline 4 and Highway 7, in the City of Pickering, Part of Lot 4, Concession 6. BASIS: The amendment has been determined to be appropriate for the following reasons: • It will provide the opportunity of development of a golf course that has been determined to be an overall benefit for the community; • It is not contrary to the Rural Lands goals, objectives, purpose and intent of the City of Pickering Official Plan; • It has been demonstrated to the City's satisfaction that the proposed use will not significantly adversely affect the amount or quality of Class 1 to 3 agricultural lands; is located and will be operated in compliance with minimum separation distance formulae; will not. adversely affect the quality or function of natural features, and resources, including groundwater; and is environmentally appropriate in terms of its water usage and sewage disposal. In addition, the related application to amend the Regional Official Plan has also been. determined by the City to be appropriate and comments in support of the required Regional Amendment are being forwarded to the Region with the Amendment. I Amendment 20 to the Pickering Official Plan Page 2 117 ACTUAL The .City of Pickering Official Plan is hereby amended by: AMENDMENT: 1. Amending Schedule I - Land Use Structure by designating lands on the north side of Highway 7, as illustrated on Schedule 'A' attached to this amendment; IMPLEMENTATION: The provisions set forth in the City of Pickering Official Plan, as amended; regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the City of Pickering Official Plan, as amended; regarding the interpretation of the Plan shall apply in regard to this Amendment. SCHEDULE A' EXISTING OFFICIAL PLAN O r - - - - - - - - - - - - - - - - - - - - - - - - - - - - w E3 - doo w - z LL M i 31 ° E1 o NSk . pj / CON- R(_:-.[ i H163 ~A N _ - i - - - - - - _ GREEIWOO o E2 - a ' W - AND AREA o k4 J BARCLAY J ESTATES EXTRACT OF SCUFDULE I TO TIIE LAND USE STRUCTURE PICKERING OPEN SPACE SYSTEM FREEWAYS AND MAJOR UTILITIES OFFICIAL PLAN NATURAL AREAS M CONTROLLED ACCESS AREAS =ACTIVE RECREATIONAL AREAS EDMON5 OTHER BOUNDARIES AGRICULTURAL AREAS C-, SUBJECT LANDS RURAL SETTLEMENTS OTHER DESIGNATIONS COUNTRY RESIDENTIAL ® RURAL CLUSTERS ® EXCEPTIONS a - RURAL HAMLETS RURAL STUDY AREAS E PWNC CROF PICKERING 0 DEVELOPMENT DEPARTMENT oT oECE39ERn2oosI N I-N OPA 05-04P & A 33/05 0 E3 - iii i / J - _ _ i LL 31 o o NSAL CON. ROAD D r_, Lf) HiV WA No_~7 - - REENWOOD W E2 o AND AREA w J B LAY d r w w ~ Q 1 _ J ESTATES EXTRACT OF SCHEDULE I TO THE LAND USE STRUCTURE PICKERING OPEN SPACE SYSTEM FREEWAYS AND MAJOR UTILITIES OFFICIAL PLAN NATURAL AREAS = CONTROLLED ACCESS AREAS ® ACTIVE RECREATIONAL AREAS EDITION? - OTHER BOUNDARIES AGRICULTURAL AREAS C-] SUBJECT LANDS RURAL SETTLEMENTS e OTHER DESIGNATIONS =COUNTRY RESIDENTIAL _ RURAL CLUSTERS ® EXCEPTIONS w - RURAL HAMLETS RURAL STUDY AREAS Cln OV PICKERING , PLANNING 4• DEVELOPMENT DE PARTMENT of f~NEEei., zoos N I ATTACHMENW ~ , o TO! 1 1 9 REPORT# PD Q SUBJECT KI SALE OPERTY z W 0 WA W Q z z o ARCLAY ESTATES w 0 City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART LOT 4, CONCESSION 6 00~0 OWNER KINSALE PROPERTIES DATE AUG. 20, 2009 DRAWN BY JB FILE No. OPA 05-04/P & A 33/05 SCALE 1:10000 CHECKED BY RP N oTeronelrcEnterprises lnc. ontl ita suppliers. All rights Reserved. Not a plan of survey. PN-RUR 2005 MPAC ontl its suppliers. All rights Reserved. Not o plon of Survey. INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN - KINSALE PROPERTIES LTD. A 033/05 O PA 05-04 m o ~o = -o 0 a~ 75 All i - ~PDY~d ,#3 I rai., r.a I ~POwd# + 1 I '~ryIJ c~u owse, 100 PARKING sv id zb sPln11 i 1 ~J q ~tq°~ ~ vpw~ #1 II I q I \ 3 _ (fir" ~ ~ ,y G! I P11TO Offset HIGHWAY #7 I N M'S ANP WAS PRODUCED BY rNE CNY OF P/C7fE P N/ND & DEWMOPMEWr OEP,VAM&Vr, IWOMM 1701V s SUPPW 5-RNMEN, AWUSr 20, 2009. r_7 ATTACHMENT#~TO REPORT# PD 9' 121 PICKERING INFORMATION REPORT NO. 12-08 FOR PUBLIC INFORMATION MEETING OF July 7, 2008 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Official Plan Amendment Application OPA 05-04/P Zoning By-law Amendment Application A 33/05 Kinsale Properties Ltd. (Part of Lot 4, Concession 6) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject site is located west of the Hamlet of Kinsale, generally at the north-east corner of the intersection of Highway 7 and Balsam Road (Sideline 4), a property location map is provided for reference (see Attachment #1); - the eastern portion of the subject land is covered by a large mound of fill that was the result of extensive filling by the property owner; the filling operation ceased in 2002; - an intermittent stream, which is an unnamed tributary of Carruther's Creek traverses the site from north to south; - a small portion (approximately 1.2 ha) of the site was used for commercial purposes, most recently a marine service operation/truck maintenance facility, one structure from this operation remains on the site, and the remainder of the site is vacant; - the surrounding land uses are: north - agricultural land, hydro corridor and the recommended route alignment for Highway 407; south - Highway 7, a vacant residential dwelling, and agricultural land; west - residential dwelling, a property maintenance company, active agricultural land and a hydro corridor; east - agricultural land (orchard), a vacant parcel and the Hamlet of Kinsale. I ATTACHMENT#~-O TO Information Report No. 12-08 REPORT# PDT.- L 0. G Page 2 122 2.0 APPLICANT'S PROPOSAL - the applicant has submitted an application to amend the City of Pickering Official Plan and zoning by-law in order to implement the proposed golf facility/course; - the applicant has also submitted an application to amend the Region of Durham Official Plan in order to redisignate the property from Prime Agricultural Area to Major Open Space Area in order to permit the golf course; - the applicant is proposing to develop a 12-hole golf course with maintenance buildings, a clubhouse with limited food services, and a separate building with an indoor golf simulator; - the design of the golf course utilizes the existing fill mound with a number of golf holes, two ponds and the clubhouse proposed to be on top of the mound; - the site design incorporates a buffer strip of 30.0 metres on either side of the stream; - a new entrance to the site is proposed to be established from Balsam Road, the existing driveway from Highway 7 is proposed to be altered and not used for the day-to-day operations but rather used for emergency vehicles only; - proposed buildings include a clubhouse, maintenance buildings and an indoor golf . building for a golf simulator (see Attachment #2 - Applicants Submitted Plan); 2.1 Development Detail The following are the proposed development details for this application: Official Existing - Agricultural Areas, Open Space Systems - Natural Plan . Areas for the area in proximity to the stream and a portion of the site has an exception to permit a farm implement dealership and vehicle repair and service establishment; Proposed - Active Recreational Area and delete the exception; Zoning Existing - "A" - Agricultural and "A(FID)" - Agricultural-Farm Implement Dealership in ' Zoning By-law 3037 as amended by By-law 1751/83; Proposed - "A/GC" in order to permit proposed golf course and accessory uses and "OS-HL" that recognizes the stream corridor; Uses Existing - former agriculture land that have been filled and is currently vacant land; Proposed - 12 hole golf course; Gross site area - 29.9 hectares Frontage on Balsam Road - 548 metres Frontage on Highway 7 - 363 metres Commercial gross floor area - 321 square metres Clubhouse parking spaces - 100 Golf simulator building parking spaces - 28 Total parking spaces - 128 ATTACHMENT#.. -M Information Report No. 12-08 REPORT# Pn 9 9' Page 3 123 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan the Durham Regional Official Plan designates the subject lands as Prime Agricultural Area, where prime agricultural lands are predominate, they also include areas of lesser agricultural significance (Canada Land Inventory Classes 4 to 7 soils) and additional areas where there is a local concentration of farms which exhibit characteristics of ongoing agriculture; the Durham Regional Official Plan states that new and expanding major recreational uses, shall not be permitted in Prime Agricultural Areas, the definition of major recreational uses includes golf courses, therefore the proposed use is not permitted in the current.land use designation; - the application proposes to redesignate the site to Major Open Space Area, this designation includes key natural heritage features or hydrologic features, prime agricultural lands as well as lands of lesser agricultural significance; - the Durham Regional Official Plan states that "new and expanding major recreational uses and accessory facilities may be permitted in. the Major Open Space Areas by amendment to the Regional Official Plan, or an area municipal official plan"; - The Region of Durham is currently evaluating the proposed official plan amendment and hosted a public meeting on June 3, 2008; 3.2 Pickering Official Plan - the Pickering Official Plan designates the majority of the subject lands as Agricultural Areas, for the area in proximity to the stream the lands are designated Open Space Systems Natural Areas and a small portion of the site along Highway 7 has an exception to permit a farm implement dealership and vehicle repair and service establishment; - permissible uses within the Agricultural Areas designation include, amongst others, primary agricultural uses, farm related agricultural dwellings, and complementary and supportive agricultural uses; - permissible uses within the Open Space System - Natural Areas designation includes conservation passive recreation and agricultural uses outside of the valley and stream corridors; - for the lands covered by the exception a farm implement dealership and road vehicle repair and service establishment is permitted along with the uses permitted by the underlying Agricultural Areas uses; - the applicant has submitted an application to.amend the Official Plan to change the designation to Open Space System - Active Recreational Areas in order to permit the proposed golf course (see Attachment #3 - applicants proposed amendment); - the application will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the application; ATTACHMENT. 3 ._TO Information Report No. 12-08 REPORT# Pn -22- Q 5 Page 4 24 3.3 Zoning By-law 3037 - the subject lands are currently zoned "A" - Agricultural Zone and "A(FID)" - Agricultural-Farm Implement Dealership in Zoning By-law 3037 as amended by By-law 1751/83; - the "A" - Agricultural Zone zoning permits, amongst other things, agricultural uses, a detached.dwelling and agricultural related business; - the "A(FID)" - Agricultural-Farm Implement Dealership zoning permits a farm implement dealership and an automobile repair shop; - an amendment to the zoning by-law is required to implement the applicant's proposed development; - the owner has requested an "A/GC" - Agricultural/Golf Course zone for the lands to be used for the golf course and an "OS-HL" - Open Space Hazard Land zone for the stream corridor and buffer strip. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no resident comments have been received to date; 4.2. Agency Comments no agency comments have been received to date; 4.3 Staff Comments - in reviewing the applications to date, the following matters have been identified by staff for further review and consideration: • ensuring that the proposed development is compatible with, and sensitive to, existing surrounding development including traffic, noise, level of activity, scale and intensity of the uses; • reviewing the application in terms of its level of sustainable development components; • reviewing the application in terms of the land use to determine if a golf course is needed or whether the lands should remain for agricultural uses; • reviewing the application in terms of the constraints and benefits the application will have on both the subject property and on the surrounding community, given the function of the surrounding community; • need to consider the environmental impacts on the tributary of Carruther's Creek from the proposed development; • reviewing that adequate information has been provided, that technical requirements are met and that the proposed development is appropriate at, this location; ATTACHMENT# ~ _TO Information Report No. 12-08 REPORT#PD ~9'~--- Page 5 125 - the Planning & Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies and public. I 5.0 PROCEDURAL INFORMATION 5.1 Official Plan Amendment Approval Authority the Region of Durham is the approval authority for local official plan amendments when there is a Regional Official Plan amendment required; 5.2 General - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to be notified of Council's decision regarding the zoning by-law amendment application, you must request such in writing to the City Clerk; - if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed zoning by-law amendment, does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal; - if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's adoption of any official plan amendment, you must request such in writing to the City Clerk; if you wish to be notified of the decision of the Region of Durham with respect to the proposed amendment to the official plan, you must make a written request to the Commissioner of Planning, Region of Durham Planning Department. 6.0 OTHER INFORMATION 6.1 Appendix No. list of neighbourhood residents, community associations, agencies and City Departments that have commented on the application at the time of writing the report; Information Report No. 12-08 ATTACHMENT#=T0 Page 6 126 REPORT# PD,. a 0 2 6.2 Information Received - full scale copies of the applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; - the following reports were submitted in support of the application: • Planning Report (MHBC Planning, April 2008); • Agricultural Justification Report (Miller Golf Design Group, April 2008); • Golf Course Design and Management Plan (Miller Goff Design Group, July 2007); • Golf Market Study (Miller Golf Design Group, March 2008); Traffic Impact Study (C.C. Tatham & Associates Ltd., July 2007); Environmental Impact Study (Gartner Lee Limited, July 2007); • Phase 2 Environmental Site Assessment (Green-Tech Environmental Engineering Ltd., October 2002); • Environmental Site Inspection (Green-Tech Environmental Engineering Ltd., March 2008); • Hydrogeological Assessment (Golder Associates, May 2006);; • Well Construction and Testing Report (Golder Associates, July 2007); • Sustainability Report (Miller Golf Design Group, February 2008); and • Stage 1 and 2 Archaeological Assessment (October 2007); - the need for additional information and/or technical reports will be determined through the review and circulation of the applicant's current proposal; 6.3 Owner / Applicant Information the owner of the subject lands Kinsale Properties Ltd.; James Sabiston is the principal of Kinsale Properties Ltd.; Pierre Chauvin of MHBC Planning is the agent for the application. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ross Pym MCIP, RPP Lynda Taylor, MCIP, RPP Principal Planner - Development Review Manager, Development Review RP:ld Attachments Copy: Director, Planning & Development ATTACHMENT#~TO REPORT# PD_ 9 -o 9 Excerpts from. C/rr Joint Planning & Development 12 7 Committee & Executive Committee Meeting Minutes Monday, July 7, 2008 7:30 pm - Council Chambers Chair: Councillor Pickles (1) PART `A' - PLANNING INFORMATION MEETING Information Report No. 12-08 Official Plan Amendment Application OPA 05-04/P Zoning By-law Amendment Application A 33/05 Kinsale Properties Ltd. (Part of Lot 4, Concession 6) City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to an application submitted by Kinsale Properties, Ltd. for property being composed of Part of Lot 4, Concession 6. Lynda Taylor, Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not make oral or written submissions to the City before a by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so, Ross Pym; Principal Planner, Development Review, gave an overview of official plan amendment application OPA 05-04/P and zoning amendment. application A 33/05. Pierre Chauvin, MHBC Planning and Jason Miller, Miller Golf Design appeared before the Committee in support of the applications. With the aid of a powerpoint presentation Mr..Chauvin noted that the golf course would be naturally integrated into the landscape and that 60% of the site would remain naturalized. He noted that there would be minimal impact on the creek and that the studies completed on water levels showed that the golf .course would not impact water levels. He stated that continual 'investigations would be ongoing in regards to water levels. Mr. Chauvin also noted that the use would not impact the agricultural uses in the area and felt that. even though the property was zoned agricultural the lands were not prime agricultural lands. Councillor Johnson noted that David Clarke, a long time Pickering farmer, could not make the meeting but wanted to have it noted that he 'would continue to spread manure on his fields to the north east of the golf course. ATTACHMENExcerpts from: 2 8 REPORT# PD a 9 9 qty O0 Joint Planning & Development Committee & Executive Committee Meeting Minutes Monday, July 7, 2008 7:30 pm - Council Chambers Chair:. Councillor Pickles Written correspondence from Mr. John Ward, 3290 Hwy 7, Pickering, noting his .concern with possible impact on his well due to the development was provided to the Committee. No members of the public in attendance at the public information meeting spoke in support or opposition to Application A 33/05. I I ATTACHMENT#--TO REPORT# PD 29 August 5, 2008 ' r Ross Pym, MCIP, RPP . The Regional Princi Pal Planner- Development Review Munici all ty of Durham City of Pickering Planning. Department -Pickering CIVIC COmpleX One The Esplanade 605 ROSSLAND ROAD E Pickering ON L1 ,V 6K7 4`FLOOR PO BOX 623, WHITBY ON L1N 6A3 Dear Mr. Pym: CANADA 905-668-7711 . Fax: 905-666-6208 Re: Application to Amend the City of -Pickering Official Plan E-mail: planning File. No.: OPA 05-04/P M gion.durham.on.ca. ZBA File Nb.:A 33/05 www.region.durham.on.ca CTOSS Ref.:. OPA 2008-001 XL Georglefi, MC10,-Rpp Applicant: Kinsale Properties Limited Commissioner of Planning Municipality: City of Pickering We acknowledge receipt:of.the above noted application..This proposal is also the subject of pan application to amend the: Durham Regional Offcial'Plan; which has been circulated to your municipality and review- agencies.for comments: Please call Lori RiViere, Project Planner; if you have any questions. Yours truly, Kai Yew, Manager Planlmplementation Current Planning LOPA3:ps h;12-5\amopa\plckering\20051P-05-04\AM-ACKNOWLEDGEMENT "Service, Excellence for our Cgl rinunltles 10056 Post Consumer - 1 w uviuinrAMUIU1v t)UbbbbbGUU Y.U02/003 ATTACHMENT, 6 TO' INTE~20F~~CE `.iVIENEO.RA'N:DUM Lori ,Riviere. ; Current. Planning e .Proem:, •Pete'Castellain `Development Approvals .1330 Date:. MayA4' ••2008.,--. : `e.Re `rnnai ApplicationAo~•Amend the 'Durham'~Regional -Official. Plan . Munwpali~y fite.No:: OPA 2008-001 of Durham , ; Kinsale' PYoperties limited' 1Norkg Deparfr►7ent . .,3160 .Hig hway; No: 7 City; :Pickering: 605 ROSSIAND RID. %E.:.' . RO_: BOX 623 , WHITBY ON' L1 N 6A3 . CANADA 805:668,771:1•' ,:The 'Regio:nif . Works. Deoirtm6nt .ttas. revieWed:'the above- mentioned.. . -soo;3~2-~to2"' :.Official' Plan•Amefy&n6nt application.: and has n*0 objectio,rr .to. fu.rkher. :.sos-ssa~aos~ focessin ofAhe'application~` . p 9 : world®regiottdufiarr,on:Ca:' :.The proposal submitted-bythemapplicant.:is to redesigriate!a 29:9 ha-site :regi96AUiba' m..•on,c%:- in. the Cixy:ot. P•icketing..from APrime Ak icu1tura6.Are9". to ".Major Open' s. P Space": to.peemit:th'e 'estab.lishment of'-a:12, hole .g,:>lf course. C_'R..CU Eng,:!►1Bi► a' ' Commissioner of Work Municipal Servicing Municipal' water supply. and.:sanitary';sewers are not `availab,.le to. the. property and the Region'- has•not "de'provisionin its Capita' l' Qudget for extending said services':to this;lodabon• in•the Cify of'Pickering. Transportation e subject.lands: are adjacent provincial Highway. No. 7 and the City of ' Picker-in g's Balsam::Road. -Given ,its. locafiion• and. the '.nature: of this development; this :proposal will.have•a negligible irnpact on the Regi'on's arU rial-rcad. network. ' . - - lJif3 e'~,'M ' ,1<6~N. D Yours truly',, M ' • . • A ~ ~1- 6 2008 Nrt Cdr. c:c:t'rr_S.T(D AT Pete' asteilan - , - L Developmen. Approvals Division 1---r== Ff LE# fo Wes".. l" : 10096 P6atc6nsumer ATTACHMENT# 7 ,_._TO REPORT# PD 0 9,_ x.3.1. TA_ k5l June2,'2008 The.Reglonal. N~ 0 3 ~w Munlcl'paRx of DurhamIi of Duiham• pMu ~c a I~• to fi' `7 P!annln 'be t.' LFlLt-w 605 ~Rossland Rd. JNhitby, ON HEALTH, LIN W" DEPARTMENT. Attention;:.Lori.Riviere, Project Planner-Cur' rent.Planning ENVIRONMENTAL HEALTH: D1VlS10Nr 101 Consumes Dr;' Dear' Madam: Floor 116.. ON.- Canada . L1N.1 C4. Re:..'. O.PA 2048-001(.Official:Plan Atmendment) Applicant: James Sabiston:(Kinsale.Propeirl es. Ltd:).' Tel. "905-723w3818.. Cit of Pickering.• Fax: sos~s~.1887: Location: Part.of Lot.4,'Conceasion 6 wwwrnglbn:durharri.an.cs The above noted application has been investigated by -:his Department. nncoredit~d : and the follpwing..is offered .for;your consideration. Pubtic-Health Agency 1.' ' The Goiden Asscociates Ltd. Report. (06-1112-507'~ated May 2006) indicates the -Total Daily Design Capac,i~ty of the private sewage. system, that wll.service:the proposed Golf Course is >W'000 1/day.: As: of.April•-6; 1998, reaulatinq onsite isewage systems with 'a total-daily desigp.capacity of =10;000 ,1/day falls under.the'Water Resources.Act, with review and approval , issuedby the.Ministry -of Environment. In this regard; the Ministry of Environment shduld be contacted for comments. .'Pte fe fr e to .contact.the'undersighed if more information, is required: r ff, C 1(C) Public -H Inspector ,Environrnental-Hexlth Division` KK/ld . Ce : h! es r(D JUN-02-2008 09:18 DURHAM REGION 9056666208 P.002/002 THE CORPORATION OF THE TOWN OF W H1TLY ATTACHMENT# ®®TO 11; 132. in the Regional Municipality of Durham MILTNICIPAL BUILA1NG TCLEYHOriI575 Rossland Road last J 905-668-5803 TORONTO F C ' NIE • . G wl1l(.I)y+ Ontario 90,x"682621 Canada LIN 2MB FAA 905-6864005 www.whitby.ca CITY OF P6CKER►NG pL.ANNING & EV ENT MEN7 PLANNING DEPARTMENT _ May 13, 2008 i ~ Lori Riviere, Planner MAY 2 8 2008 r Durham Region ar r~ ~ni CbF~i! Tn Planning Department 605 Rossland Rd. E. - Whitby, ON LIN 6A3 f , RE: NEW APPLICATION TO AMEND THE DURHAM REGGONAL OFFICIAL PLAN JAMES SABISTON (KINSALE PROPERTIES LTD.) PART LOT 4, CONCESSION 6, CITY OF PICKERING REGIONAL FILE: OPA 2008-001 The purpose of this application is to re-designate a 29.9 ha. Site from 'Prime Agricultural Area' to 'Major Open Space' to permit the establishment of a 12-hole golf course, Please be advised that the Town of Whitby Planning Department has no comment on this application. incere , Robert B. Short, MCIP, RPP Director of Planning RBS/LC/mp Cc_ City of Pickering Planning Department 0 7517Of Planning & Development Services TOWN OF AJAX Tel. 905.68345-ATTACHMENW-®Td?5 Harwood Avenue South ~ ythe ~LliXCe Fax. 905.686-0360 Ajax ON Lax 2H9 9-0j www.townofaj.com REPORW PD --2 133 August 6, 2008 Ms. L. Riviere, Planner Regional Municipality of Durham 605 Rossland Road East Whitby ON L1 N 6A3 Dear Ms. Riviere, Re: Application for Regional Official Plan Amendment Application File No. OPA 2008-001 City of Pickering Thank you for forwarding the technical reports submitted in support this application for a golf course in the upper Carruthers Creek watershed. At this time, staff have concerns about the potential downstream effects of this proposal We understand that peer reviews of the environmental impact, hydrogeolcgical and agricultural reports may commence later this month. Please keep us informed of the :Status of those reviews and forward the peer reviewers' findings upon completion. This information will assist us in assessing the extent of our concerns and preparing a recommendation report for Ajax Council's consideration Also, kindly advise us when the date for a decision report to Regional Planning Committee has been selected. Regards, 155 AIJG U 8 2x08 Barbara Hodgins, MCIP, RP ~ ; < Senior Policy Planner V _ 905-683-4550, ext. 247 barb. hodginsO ownofaiax.oom Ontario's First 150 0007 Quality Community TOTAL P.002 RECEMFED ATTACHMENT#.0 134 REPORT# PD_ 2 Ministry of Ministere de Agriculture, Food (`Agriculture, de I'Alimentation._ and Rural Affairs et des Affaires rurales );"0nta R.R. 93, 95 Dundas St., R.R. #3, 95 rue Dundas no Brighton, Ontario KOK 1 HO Brighton, Ontario KOK'1 HO Tel: (613)475-4764 Te1.`. (613) 4754764 Fax: (613) 475-3835 Te1ec.: (613) 475-3835 Food Safety' and Environmental Policy Branch Environmental Land Use Policy Unit July 14, 2008 Louis Bitonti Planner Municipal Services Office - Central Region Ministry of Municipal Affairs & Housing 777 Bay Street, 2"a Floor Toronto, Ontario M5G 2E5 Dear Louis: Subject: Durham Region OPA -.Prime Agricultural Area to Major Open Space Part of Lot 4, Concession 6 City of Pickering, Durham Region MMAH File Number: 18-DP-0012-08008 Staff of this Ministry have, completed a review of the above-noted proposal in terms of the goals and objectives of this Ministry and the criteria contained in the 2005 Provincial Policy Statement (PPS). The following technical comments are provided. The proposal is to redesignate the above noted subject lands in order to establish a 12.0 hole golf course and a indoor golf simulator centre on a 29.9 hectare parcel of land. The subject lands presently lie within a Prime Agricultural Areas designation as per the Durham Region Official Plan. The subject and surrounding lands primarily lie within an area denoted as being comprised.' of Class 1 agricultural soils as per Canada Land Inventory (CLI) mapping. a Ontario, there's no taste like home Un bon gout de chez nous ~NOCefi ATTACHMENT# TO - 2 REPORT# PD 9 ' 0.9 135 The subject lands are comprised of parcels "A & B": Parcel "A totals 28.3 hectares. The golf course and clubhouse are proposed on these lands. Approximately 8.1 hectares have been utilized as a clean earth fill site. The remaining acreage appears to be either wooded, scrub growth or idle agricultural land as per the Agricultural Justification Report (AJR). The. AJR comes to the conclusion on page 8 of this report that overall the majority of the soils on this site are not prime. ` -14owever a map and summary table has not been provided outlining the makeup and percentages of the Canada Land Inventory soil classification of the subject lands. It is recommended such documentation be provided in order to assess the consultant's conclusion in light of the PPS. Parcel "B" totals 1.6 hectares. This parcel was utilized for commercial purposes. The golf simulator centre and maintenance building are proposed on these lands. AJR - Section 4 Minimum Distance Separation, page 10 Two Minimum. Distance Separation (MDS) I calculations were completed by the consultant. A calculation was done for the Clark and Ibanez livestock facilities. Beef cattle and a L1 manure system were utilized to complete the MDS I calculations. OMAFRA concurs with. the utilization of these two factors. It is however noted in the AJR on page 11, paragraph 1 that a V3 manure storage was utilized in the MDS I calculations. It appears that a mistype has taken place. Concerning Factor ,E an encroachment Factor of 2.2 not 1.1 needs to be utilized for proposed recreational "Type 13" land use as per Implementation Guideline 36 of the 2006 MDS Formulae. Consequent - lark Barn and Ibanez Barn MDS I distance calculations would change to the following (see attachments): Clark Barn: 500 metres from the livestock barn and 512 metres from the manure storage system;. Ibanez Barn: 418 metres from the livestock barn and.433 metres from the manure storage system; Concerning Implementation Guideline 12* of the MDS I formulae (page 12 of the AJR) four or more, existing non-farm uses must be closer to the subject livestock facility and in immediate proximity to the current application. Implementation Guideline. 12 is not applicable to this application since four non-farm uses are not in immediate proximity to the subject livestock facilities. Based on these revised MDS I calculations it appears that portions of the lands to be developed will be impacted upon: Also it is noted a livestock operation has been identified in the AJR.,to lie approximately 893 metres to the north of the subject lands. A MDS I calculation is also recommended for this livestock facility utilizing an encroachment Factor of 2.2. AJR - Section 5 Provincial Policy Statement Issues, page 13 - It is our understanding the issues of need and alternative locations is to be reviewed by Durham Region as per Section 2.3.5.1 .c) (2), (3), & (4) of the PPS. rIn order to fully address Section 2.3.5.1 c) .(4) of the. PPS soil capability mapping and a summary table needs to be provided outlining the makeup and percentages of the Canada Land Invento soil classification ry of the subject lands. ATTACHMENT► - ~D ----TO - 3 - REPORT# PD,--a 9~,.® 136 While the. above. represents the Ministry's interpretation of provincial policy with regard to agricultural land, it does not reflect an overall provincial position. There may be planning concerns or interests of other agencies .that should be regarded, in addition to any municipal planning considerations. Should you have any questions or wish to discuss this matter further, please contact this office. Yours truly, Ray Valaitis Rural Planner copy, David Cooper; Manager.- Environmental and Land Use Policy Unit, OMAFRA-Guelph Minimum Distance Se aration I //MDS I Report ATTACHMENT# ~d TO MDS 1.0.0 P l _ 9 14-Jul-2008 13:49 File: IbanezJuly14.08.mds REPORT# Pd a9 ~ Page 1 Application Date: 14-Jul-2008 ? File Number: Kinsale Golf Club Preparer Information Applicant Information Ray Valaitis Unspecified County of Northumberland OMAFRA R.R.# 3, 95 Dundas,Street ' . Brighton, ON, Canada KOK 1 HO Phone #1: 613-475-4764 Fax: 613-475-3835 Email: ray.valaitis@omafra.gov:on.ca Ibanez Tillable hectares provided by Jason Miller, consultant. Adjacent Farm Contact Information Farm Location Ibanez Regional Municipality of Durham City of Pickering Geotownship: PICKERING Manure Existing Existing Estimated Form Type of Livestock Mater al Capacity NU Barn Area Solid Beef; Cows, including calves to weaning (all breeds); Yard/Barn 36 36.0 167 ml Encroaching Land Use Factor: Type B Land Use Tillable area of land on this lot:. 24 ha Manure/Material Storage Type:` L1.. Solid, outside, no cover, 18-30% DM, with uncovered liquid runoff storage Factor A (Odour Potential):. 0.7 Factor B (Nutrient Units): 388 Factor D (Manure/Material Type): 0.7 Factor E (Encroaching Land Use): 2.2 Total Nutrient Units: 36 Required Setback Actual Setback Distance from nearest livestock building.'F' (A x B x D x E): 418 m (1372 ft) Distance from nearest permanent manure/material storage 'S':. 433 m (1420 fit) Signature of Preparers Date: Ray Valaitis, OMAFRA NOTE TO THE USER: The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) has developed this software program for distribution and use with the Minimum Distance ® Ontario Separation (MDS) Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRA will be considered to be the official version for purposes of calculating MOS. OMAFRA is not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modification of the software, or errors arising out of incorrect inputting of data.. All data and calculations should be verified before acting on them. 1 ATTACHMENT- LO Tp MDS 1.0.0 + Minim (stance Separation I (MDS I) Report REPORT- Po 2' 0 c 14-Jul-2008 13:48 File: ClarkJuly14.08.mds Page 1 Application Date: 14-Jul-2008 File Number: Kinsale Glof Club Preparer Information Applicant Information Ray Valaitis Unspecified County of Northumberland OMAFRA R.R.# 3, 95 Dundas Street Brighton, ON, Canada KOK 1 HO Phone #1: 613-475-4764 Fax: 613-475-3835 Email: ray.valaitis@omafra.gov.on.ca Clark Tillable hectares provided by Jason Miller, consultant. Adjacent Farm Contact Information Farm Location Clark Regional Municipality of Durham City of Pickering Geotownship: PICKERING Manure Existing Existing' Estimated Form YYPe of Livestock/Material Capacity NU Barn Area, Solid Beef; Cows, including calves to weaning (all breeds); Yard/Barn 94 94.0 437 mz Encroaching Land Use Factor: Type B Land Use Tillable area of land on this lot: 61 ha Manure/Material Storage Type:'. L1. "Solid, outside, no cover, 18-30% DM, with uncovered liquid runoff storage Factor A (Odour Potential): 0.7 . Factor B (Nutrient Units): 464 Factor D (Manure/Material Type): 0.7 Factor E (Encroaching Land Use): 2.2 Total Nutrient Units: 94 Required Setback Actual Setback Distance from nearest livestock building `F' (A x B x D x E): 500 m (1640 ft) Distance from. nearest permanent manure/material storage 'S': 512 m (1681 ft) Signature of Preparer: Date: Ray Valaitis, OMAFRA NOTE TO THE USER: The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) has developed this software program for distribution and use with the Minimum Distance ® Ontario Separation (MDS) Formulae as a public service to assist farmers, consultants, and the general public. This version of the software distributed by OMAFRA wilt be tl.r~GQtl'~ considered to be the official version for purposes of calculating MOS. OMAFRA is not responsible for errors due to inaccurate or incorrect data or information; mistakes in calculation; errors arising out of modification of the software, or errors arising out of incorrect inputting of data. All data and calculations should be verified before acting on them. JUN-25-2008 WED 10;12 AM veridian FAX NO, P, 02102 ATTACHMENT#-Z/--M 139 REPORT# PD.,9 VERIDIAN CON N N C C T I O N S DEVELOPMENT APPLICATION REVIEW PRQJECT NAME: :Kinsale Properties Ltd. ADDRESS/111LAN: Nordi side of Hwy #7, east of Sideline 4 (Balsam Road) MUNICIPALITY: Pickering REF NO.;. OPA 05-04/P & A 33/05 SUBMISSION DATE: ,icmc 12, 2008 The following is an oveivim of the general requirements the Applicant is likely to meet: in order to obtain a complete electrical power supply system to this site and within the site where subdivision in some form is involved. The comments below arc based on prelinunaty information only and are subject to revision. In all cases Veridian's standard Conditions of Service docutnient sets out the requirements, tenns and conditions for the provision of electric service. This-review does not constitute an Offer to Connect, 1. Veridian has no comment on this application, Tect-wical Represen tative: Denzil Samad Telephone: Ext. 3261 PP/df r PAclfrizzell\Devclopment: Application Rcview\Piclcciing\2008\:fvnsale Properties Ltd, - Hwy #7 & Sideline 4,doc I I i ATTACHMEN'1 #.G a 70 )c6irs6yvs "1~ REPORT# PD_ 9 -Q ~ ion RECEIVED do r The Living City AUG 3 12009 August 20, 2009 CITY LNG & DEVE OPMEN CFN 41023.01 PIA DEPARTMENT CFN 40123.02 BY E-MAIL AND..MAIL Lori Riviere, Project Planner Deborah Wylie,. Planner Planning Department Planning and Development Department Durham Region City of Pickering .605 Rossland.Road E., 4`h Floor One The Esplanade PO Box 623. Pickering, ON L1V 6K7 Whitby, ON L1N 6A3. Dear Ms. Riviere and Ms. Wylie: Re: Durham Region Official Plan Amendment Application No. OPA 2008-01 City of Pickering Official Plan Amendment Application No. OPA 0.5-04/P City of Pickering Zoning. By-law Amendment Application No. A 33105 3160 Highway 7 . City of Pickering James Sabiston (Kinsale Properties Ltd.) Thank you for the opportunity to review the following..third submission documents received in support of the above referenced applications fora new Golf Course at 3160 Highway 7 in the City of Pickering: • Niblett Environmental Associates Comments Report #2 & Peer Review of Environmental Impact Study and Hydrogeological Report, prepared by Miller Golf, dated April 1, 2009, received April 6, 2009; • Letter Response to TRCA SWM Comments. of March 3, 2009, prepared by C. C..Tatham & Associates,. dated April 1, 2009, received April 6, 2009; • Preliminary SWM Report, prepared by C. C. Tatham & Associates, dated April 1, 2009,xeceived April 6, 2009; • Minutes from two meetings of June 3, 2009; • Additional phosphorous calculations from CC Tatham, dated June 2, 2009, received; • Additional fisheries information from AECOM, dated May 29, 2009, received. We offer the following comments in keeping with our numbering system in our letter of October 15, 2008 and March 3, 2009, and further to our meetings of June 3 and various comments sent by e-mail to date. Identification of the Valley Corridor Drawing No. GC MP-6 in the. Miller Golf document has been adjusted to ensure no development within the 10 m buffer or 30 m from'the creek. However, please see Comment No. 9 below. Water Management 1 --6. A pre-construction, during-construction and post-construction monitoring program is required as a condition of approval. The details of the monitoring program are currently being refined and upon completion the monitoring program should be presented in one document and secured and implemented prior to site plan approval or the issuance of any TRCA permits. Comments on the monitoring received to date include the following: a. The phosphorous loading analysis provided average annual total applied rates for tees, greens and fairways for both wet and dry weather scenarios. The rates were 51, 34 and . FAHomeTublic\Development Services\Durham RegionTickerin-Wnsale golf course ldoc Member of Conservation Ontario 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (41.6) 661-6600 FAX 661-6898 www.trca.on.ca .~n ATTACHMENU _T0 ^ ~,uqust 20, 2009 ~ 4 Lori Riviere / Deborah Wylie - Page 2 of 3 -REPORT# PD 9 -d 2 n 127 kg / ha / yr. Clarification is requested as to why the application rate for fairways is about 2.5 times and 3.7 times higher-than for tees and greens, respectively. b. In terms of the:water quality.monitoring program, AECOM has proposed a three year monitoring study (1 year pre-construction plus 2 years post-construction). Due to the nature of the surficial till soil and' slow groundwater movement to reach the on-site watercourse, consideration should be given to extending the water quality program to the duration of the first Permit to take Water certificate. Generally, the duration of a golf course Permit to take Water (Groundwater) is about 5 years. The monitoring program should also examine the level of nutrients in groundwater from a piezometer situated at a location where groundwater /septic effluent could migrate to the stream. The installation of such a piezometer was not identified within the AECOM submission. C. Groundwater levels should be monitored on a regular basis (for example through . programmable pressure transducer/ datalogger units) in the irrigation pumping well PW 1, observation well OW 1 and monitoring well MW 10 for a minimum period of 3 course irrigation seasons following course opening. Evaluation of the level data along with irrigation well production volumes is recommended to assess groundwater level fluctuations, trends and whether temporary impacts to the watercourse occur during the turf irrigation season. The monitoring plan should also incorporate the installation of a shallow drive-point / monitoring well fn the area with the greatest concentration of watercress to determine if groundwater heads vary with irrigation well pumping. Interpretation of the accumulated data is recommended to determine if the irrigation well pumping regime should be modified to minimize impacts to the nearby watercourse. That is, the monitoring results should be reviewed by an ecologist to determine any impacts on the watercourse and the proponent should be required through agreement (ie. site plan or other development agreement) to actively adapt the irrigation to avoid any impacts. Natural Heritage System 9. Creek Crossings. As discussed at our meeting of June 3, 2009 and in our e-mail comments of May 28, 2009, TRCA ecology staff support the reduction of creek crossings, but would like to see the number further reduced to minimize the potential for negative impacts to aquatic habitat and redside dace in particular. For those crossings. which must be constructed, again, TRCA ecology staff support the proposal for clear span crossings, but request commitment to the following considerations for siting of the crossings: a. Choosing appropriate sites for the crossings will be critical in terms of minimizing impacts to redside dace. Specifically, aquatic features used by redside dace for spawning or refuge should be avoided. These would include riffles and refuge pools. b. If crossings are going. to be constructed in intermittent sections of the watercourse, it is particularly important that these crossings avoid any refuge pools which may remain as isolated areas during dry periods. Shading of these areas from a crossing could jeopardize the ability of RSD to use the pools. The proposal provides the greater of either a 30 m buffer from the watercourse, or a 10 m buffer from top of bank.. The redside dace recovery strategy being developed calls for a buffer of 30 m from meanderbelt. We have discussed this with MNR staff and we advise the proponent to contact MNR directly regarding the project and submit any necessary information they require in order to determine the feasibility of the creek crossings and the final limits of development and exact boundaries for open space zoning. The contact person to whom all inquiries and submissions in this regard are to be made is Melinda Thompson-Black (melinda,thompson-black(cDontario.ca). TRCA cannot screen projects under the ESA as this is MNR's responsibility. 11. Buffers. Comment addressed. However, see Comment No. ~9. F:\Home\Public\Development Services,.Durham Region\Pickering\kinsale golf course_3.doc ATTACHMENT#-2 -TO Lori Riviere / Deborah Wylie - Page 3 of 3 _iEPORT# PD- a - u ust 20 2009 Stormwater Management 12 - 15. [Comment to be addressed at Site Plan stage]. There is a discrepancy between the flows in the consultant's hydraulic model and TRCA's hydraulic model. The flows used in the consultant's hydraulic model should be consistent with those in the TRCA's existing hydraulic model of the reach as TRCA's model ends at the downstream limit of the site. Furthermore, we recommend that, rather than a separate stand-alone model of the reach, the consultant append their model to the existing Carruthers hydraulic model. It is noted that there is a significant discrepancy between the width of the proponent's Regional Storm flood plain north of Highway 7 and that on TRCA's mapping. The proponent should submit a digital copy of the hydraulic model and mapping for TRCA review. Please contact Tom Dole at Ext. 5659 to obtain the relevant information. [Comment to be addressed at Site Plan stage]. The flows presented in Table 2 of the SWM Report are listed as being for the Carruthers Creek at Highway 7. However, the model output in the Appendices indicate that the external drainage area has not been accounted for as the total area to Highway 7 in the model is only given as 28.1 ha in pre-development and 26.14 ha in post-development. However, from the TRCA catchment map the drainage area to Highway 7 is approximately 140 ha. The flow table should be updated accordingly. Recommendation We have no objection to the approval of the proposed Official Plan Amendments and Zoning Amendment, subject to the applicant confirming MNR acceptance of the buffers and the following. 1. The natural heritage system includes the creek and buffer zones identified on Drawing GC MP-6 (or as refined by MNR). The natural heritage system shall be adequately protected through designation as Open Space System - Natural Areas in the Pickering Official Plan and rezoned to an appropriate open space Zoning category to limit uses to that of a natural area. 2. The development agreement should include the following requirements to be satisfied prior to site plan approval or the issuance of any TRCA permits: a. The Owner shall convey a conservation easement over the natural heritage system to the TRCA, to TRCA satisfaction. b. 'The Owner shall prepare a ground and surface water monitoring program to TRCA satisfaction. C. The Owner shall provide a letter of credit (or other security) to the Region of Durham or the City of Pickering to secure the implementation of the approved ground and surface water monitoring program and peer review of the monitoring reports prior to site plan approval. We trust this is satisfactory. Please feel free to contact me if there are any questions. Sing rely, teven H. Heuchert, MCIP, PP, MRTPI Manager, Development Planning and Regulation Planning and Development Extension 5311 cc. Gregg Law, Durham Region Pierre Chauvin, MHBC Planning Jason Miller, Miller Golf Philip Niblett, Niblett Environmental Nyle Mcllveen, Geo-Logic Inc. Melinda Thompson-Black, MNR FAHomeTublic\Development Services\Durham RegionTickering\kinsale golf course_3.doc ATTACHMENT# Z3 TO REPORT# PD. .9 143 Ministry of Transportation Ministere des Corridor Management Section Transports Centrat Region Section de la gestion des couloirs routers 7Floor, Bid D Region du Centre r 1201 Wilson Avenue 7e etage, edifice D • Downsview, ON M3M 1,18 1201 avenue Wilson Ontario Tel (456) 235-5559 Downsview ON M3MiJ8 Fox (416) 235-4267 T61: 416 235-5559 bryan. porter@ ontano. ca Te1ec:416 235-4267 bryan. porter@ontario. ca September 3, 2009 Ms. Deborah Wylie, Senior Planner Planning and Development Department Pickering Civic Complex One the Esplanade Pickering, ON I,IV 6K7 Re: Official Plan Amendment Application OPA 05-04,T Zoning By-law Amendment Application A33105 Kinsale Property 3160 Highway 7 Pt. Lot 4, Cone. 6 Town of Pickering Dear Ms. Wylie: In follow-up to your August 26, 2009 e-mail the ministry has no record of previously commenting on the applications noted above therefore thank you for giving the ministry the opportunity to provide these comments. The ministry has reviewed the applications noted above and while we have no objections in principle please note the following comments: The ministry will require that any new bttildingsl'structures/significant landscape features, above and below ground be setback a minimum of 14m from the Highway 7 property line. Further; no features/services essential to the operation of the site shall be located within the 14m setback area. Based on the change of use of this property the pre-existing Highway 7 accesses to this site do not conform to ministry standards and requirements. As this site is adjacent to a municipal road, access shall therefore be via the side road and not the provincial highway. The ministry will require a comprehensive Traffic Impact Study which takes into account the impact of this development on Highway 7 and the intersection at Sideline 4. The ministry will require a Stormwater Management Report including site servicing and grading plans. In view of. 'The ministry's Highway 7 widening project future plans must show the revised ministry property boundary. Please note that the Master Plan drawing,VIP-I dated April 30, 2008 does not show the current ministry property limit. Further information regarding the ministry's property limit can be found by contacting iNlr. Wayne Bell, Project Engineer at (416) 235-5007. As this proposed development is within 45m of the Highway 7 property line and 1.80m of the centre point of the intersection of Highway 7 and Sideline 4 ministry permits are required prior to any construction I 1 4 4 ATTACHMENT#_.~-TO REPORT# PD a 9 - o taking place. For further permit information or if you or the proponent has any questions please contact this office at (416) 235-5559. Yours truly, Bryan Porter Permits Officer-71 echnician cc. W. Bell, MTO C. Petro, MTO ATTACHMENT#~TO 1 4 5. REPORT# PD- 9 9 - © of PICKERING MEMO To: Ross Pym August 21, 2008 Principal Planner - Development Review From: Robert Starr Supervisor, Development Control Copy: Coordinator, Development Approvals Subject: Official Plan Amendment Application OPA 05-04/P Zoning By-law Amendment Application A33/05 Kinsale Properties Ltd. (Part Lot 4, Concession 6) Plan/Document Dwg. No. Date Site Grading & Erosion and Sediment SG-1 Jan./03 Control Plan by C.C. Tatham & Associates Ltd. Details & Notes DE-1 Jan./03 by C.C. Tatham & Associates Ltd. Environmental Impact Study July 2007 by Gartner Lee Limited. We have reviewed the above noted Plans and Documents and our comments are as follows: General Comments 1. Improvements to Sideline 4 (Balsam Rd.) will need to be addressed as a condition of the rezoning application. 2. The developer will be required to enter into an agreement with the City to satisfy requirements for any off-site works. The following comments are to be addressed with the Site Plan Application. 1. A Stormwater Management Report is required which addresses Quality and Quantity Controls.. The design of the proposed on-site SWM Ponds is to be included in the report. ATTACHNIENW ~ TO REPORT# P0. a ` 0 146 2. A. Construction Management. Plan will be required that addresses but is not limited to: Mud and dust control, on-site contractor parking, working hours as per City. of Pickering By-laws, vehicle. refueling locations,, material storage, etc. 3. We will require separate Grading and Erosion & Sediment Control Plans to be submitted at. the Site Plan stage. 4. All proposed roadways and cart paths are to be indicated on the Grading Plan along with the location and depths of the proposed storm water management ponds. 5. Provide a detail of the crossings over the "Un-named tributary of Carruthers Creek 6. Indicate on all relevant drawings that: "The Owner will be required to apply for an entrance permit for the proposed new.entrance on Sideline 4. The City will install the new entrance culvert at the owner's expense." The proposed length of the culvert is to be indicated as well.' 7. The drawing is to be revised to reflect the Miller Golf Design. Group master plan. The master plan indicates only 4 ponds not 6 ,as shown on this plan: y August 21, 2008 Page 2 Official Plan. Amendment Application OPA 05-04/P . Zoning By-law Amendment Application A33/05 ATTACHMENT#~TO City n~ REPORT# PD..a 9 O 9 1 4 7 PI KERING MEMO To: Ross Pym July 29, 2008 Principal Planner - Development Review From: Marilee Gadzovski Stormwater & Environmental Engineer Copy: Richard Holborn Bob Starr Subject: Official Plan Amendment OPA 05-04/P Zoning By-law Amendment A33/05 Kinsale Properties. Ltd. Part of. Lot 4, Concession 6 I have reviewed the reports that were circulated for the above-mentioned applications and have no major objections to the re-zoning application. I do have some reluctance to this re-zoning as they do not have a PTTW from MOE yet. Has there been any indication if they have applied for this yet, or when they expect their permit? However, I do have some comments for the proponent to keep in mind during detailed design of .the site plan. Hydrogeological Assessment by Golder Associates Ltd, May 2006 1. This Hydrogeological Assessment incorrectly identifies the tributary that crosses the site as Brougham Creek, a tributary of Duffins Creek. The tributary is actually part of the Carruthers Creek watershed., 2. Section 2.2.2 stated that the water resources monitoring was conducted during Sept. 2003, Oct. 2003 and Feb. 2006. More monitoring should be taken during the typical wet and dry periods, spring and summer, respectively. It is necessary to get a better understanding of the spring water and groundwater levels as this could impact the functioning of the proposed irrigation ponds and. the elevation that the liner will need to be constructed to. As well, the impacts of the proposed golf course development on the baseflow contributions to the adjacent creek during the summer needs to be assessed J 9 , as this could be more critical than the fall period. 3. The pre-development water budget values stated in Section 2.6 do not match the values in Table 5. ATTACHMENT-L-TO 148 REPORT- PD ^ d 4. The proponent should consider taking the clean roof runoff from the proposed clubhouse facility to a pervious pipe system to help offset the impacts of this facility on the reduced groundwater infiltration and baseflow contributions. Site Grading Plan by CC Tatham & Associates, Jan. 2003 5. The full size Site Grading Plan, SG-1 and Details Plan, DE-1, that were circulated do not appear to match the proposed grading in the Kinsale Master Plan, May 2007 that was in most of the other circulated reports. The 2003 Grading Plan proposes 6.irrigation ponds, while the 2007 proposed Grading Plan only proposes 4 irrigation ponds. Moreover, the 2003 Details Plan, DE-1 plans show side slopes for the irrigation. ponds of 2:1. Due to the very real safety concerns, side slopes should have amore gradual 4:1 or 5:1 slope from the normal water level to the pond bottom. If this grading cannot be achieved then terraced grading at the permanent pool elevation must be implemented as this is critical in order to minimize the. potential for people to fall into the pond. 6. The 2006 Erosion & Sediment Control Guideline for Urban. Construction should be used . when preparing the Erosion and Sediment Control Plan (ie. sediment fence detail etc.) Official Plan Amendment OPA 05-04/P Zoning By-law Amendment A33/05 Page 2 Kinsale Properties Ltd. Part of Lot 4, Concession 6 caq D~ ATTACHMENT#-Li-TO 14.9 ion REPORT# PD o2 9 PICKERING MEMOTo: Richard Holborn July 17, 2009 Division Head, Municipal Property & Engineering From: Site Plan Review Committee Copy: Supervisor, Engineering & Capital Works Subject: Official Plan Amendment Application OPA 05/04/P Zoning By-law Amendment Application A 33/05 Kinsale Properties Ltd. (Part of Lot 4, Concession 6) File: 0-4040 The site plan review committee of the Municipal Property & Engineering Division has met to review the above noted request and provide the following comments. 1. A more detailed tree inventory and preservation plan will be required during the site plan stage. Consideration should be taken with regards to preserving some of the pine and spruce tree plantations on the south east portion of the site. 2. Staff have noticed the entrance onto Sideline 4 (City R.O.W.). This will require a City installed culvert to make the entrance passable. The City permit and fee should be coordinated with our Operations Center when necessary.