HomeMy WebLinkAboutPD 13-08
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PO 13-08
Date: April 7, 2008
39
From:
Neil Carroll
Director, Planning & Development
Subject:
Zoning By-law Amendment Application A 12/07
Whitevale Golf Club
South Part of Lots 29 & 30, Concession 4
Parts 8 & 9, Plan 40R-18997
(East side of Golf Club Road; South of Fifth Concession Road)
City of Pickering
Recommendation:
1. That Zoning By-law Amendment Application A 12/07, submitted by the
Whitevale Golf Club on the south Part of Lots 29 and 30, Concession 4, being
Parts 8 & 9, Plan 40R-18997, to extend the temporary use zoning for the existing
golf practice facility for an additional three-year period from July 29, 2008 to
July 29, 2011, be approved, and;
2. Further, that the draft implementing by-law, included with Report PO 13-08 as
Appendix I, be forwarded to Council for enactment, following confirmation from
the Region of Durham that an extension agreement has been executed.
Executive Summary: A zoning by-law amendment application has been submitted
to extend the temporary use zoning of the existing golf practice facility on the
Whitevale Golf Club site to allow the facility to continue to operate for an additional
three-year period from July 29, 2008 to July 29, 2011 (see Location Map, Attachment #1).
The golf practice facility use is compatible with the surrounding uses, and its operation will
not adversely influence the future development of the site or the surrounding area.
It is recommended that the existing temporary use zoning by-law be amended to extend
the existing term from its expiry on July 29, 2008, for another three-year term to
July 29, 2011, and that a by-law to this effect be forwarded to Council for enactment,
following confirmation from the Region of Durham that an agreement has been
executed. An appropriate draft amending temporary use zoning by-law is attached to
this Report as Appendix I.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed temporary zoning by-law extension.
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Report PD 13-08
Date: April 7, 2008
Subject: Whitevale Golf Club (A 12/07)
40
,
Page 2
Sustainability Implications: No negative impacts to water quality have been
reported since the submission of the 1999 final environmental impact monitoring report
undertaken for these lands. The temporary golf practice facility will continue to provide
opportunities for active recreation within the municipality which contributes to a healthy
lifestyle for its citizens.
Background:
1.0 History
The subject property is located southeast of the Hamlet of Whitevale. The
subject lands currently support a golf practice facility during the golfing season,
in compliance with the existing temporary use zoning by-law. Zoning by-law
amendments in 1996, 1999, 2002 and 2005 approved a golf practice facility as a
temporary use for three consecutive three-year periods. Whitevale Golf Club
proposes to extend the three-year term of the temporary use by-law passed in
2005 for an additional three-year period.
The City's Official Plan includes policies specifying when a temporary use by-law
may be considered: when a use is intended to exist for a limited time period,
when it is desirable to monitor a use for a period of time prior to considering it for
permanent zoning; or to permit a use temporarily during the course of a land use
study, provided the use will not influence the outcome of the study. A temporary
use zoning by-law is considered to be an appropriate mechanism for this
application as Durham Regional staff have expressed concern regarding the
proximity to the subject lands of a future Type B arterial road connection
(identified in the Durham Regional Official Plan) between Fifth Concession Road
in the City of Pickering and Fourteenth Avenue in the Town of Markham. This
interconnection would support future development in Seaton and the broader
Durham area, and provide a bypass of the Hamlet of Whitevale.
2.0 Comments Received
2.1 At the February 4, 2008 Public Information Meeting
(see text of Information Report and Meeting Minutes, Attachments #2 & #3)
- no comments were received;
2.2 Written Public Submissions on the application
- no comments were received;
Report PO 13-08
Date: April 7, 2008
Subject: Whitevale Golf Club (A 12/07)
Page 3
4 1
2.3 Agency Comments
Regional Municipality of Durham
no objection to the temporary use
by-law provided the term of an existing
agreement is extended to conform to
the term of the temporary use by-law;
the agreement permits the Region to
purchase any necessary lands for a
future arterial road;
the execution of an extension
agreement between the Region and
Whitevale Golf Club is currently In
process (see Attachment #4);
Toronto and Region
Conservation Authority
no objections (see Attachment #5);
2.4 City Comments
Development Control
no comments;
Municipal Property & Engineering
no comments;
No other agency or City department that provided any comments has any
objection to the subject application.
3.0 Discussion
3.1 A temporary use by-law is appropriate as it maintains the option for the
Region to locate a future arterial road across the subject lands
The location of a new arterial road to connect the Fifth Concession Road in
Pickering to Fourteenth Avenue in Markham, has not been concluded by the
Region of Durham. A temporary use by-law maintains the option for the Region
to locate a future road across the subject lands. The environmental assessment
for the future Whitevale Road bypass will be incorporated within the Region of
Durham's Environmental Assessment for all piped and road infrastructure for the
Central Pickering Development Plan Area (Seaton lands).
3.2 Region requires extension of current agreement with Whitevale Golf Club
The Region of Durham has requested that an extension agreement be executed
between the Region and the Whitevale Golf Club, prior to Council's adoption of
the by-law. The extension agreement will coincide with the timeframe of the
temporary use by-law and will permit the Region to purchase any necessary
lands for a future arterial road.
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Report PO 13-08
Date: April 7, 2008
Subject: Whitevale Golf Club (A 12/07)
42
3.3 Amendments to the Pickering Official Plan and Permanent Zoning are
premature until the location of the arterial road is finalized
Page 4
The ultimate location of the Whitevale Road bypass will be determined through
an environmental assessment process. Amendments to the Pickering Official
Plan and Zoning By-law can be considered to permit the golf practice facility on a
permanent basis upon completion of the Region's Environmental Assessment for
the Central Pickering Development Plan Area.
3.4 Execution of Agreement required before By-law is forwarded to Council
The attached draft by-law, included as Appendix I to this report, implements
staff's recommendation to approve the requested "A(T-GPF) - Agricultural -
Temporary Golf Practice Facility" Zoning for a further three-year period. It is
recommended that, prior to the attached draft by-law being forwarded to Council
for enactment, the Region provide confirmation to the Planning & Development
Department that the extension agreement between the Region of Durham and
Whitevale Golf Club has been executed.
4.0 Applicant's Comments
The applicant concurs with the recommendations of this report.
Appendix:
Appendix I: Draft Implementing By-law
Attachments:
1. Location Map
2. Text of Information Report No. 06-08
3. Minutes of the February 4, 2008 Public Information Meeting
4. Comments of Regional Planning Department dated February 20, 2008
5. Comments of Toronto and Regional Conservation Authority dated January 17, 2008
Report PO 13-08
Date: April 7, 2008
Subject: Whitevaie Golf Club (A 12/07)
Page 5
11 3
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Prepared By:
Approved/Endorsed By:
RiC~i~~
Planner II
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Neil Carrol r-~I'P, RPP
Director, Planning & Development
RC:ld
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Gpuncil
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APPENDIX I TO
REPORT PD 13-08
DRAFT BY-LAW
ZONING BY-LAW AMENDMENT APPLICATION A 12/07
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THE CORPORATION OF THE CI~~rPICKERING
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BY-LAW N U M ~'~R:z' i;;,f~Vj "',
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Being a By-law to amend Temporary Use Zoning By-law 4825/96, as
amended by By-law 6553/05, which amended Zoning By-law 3037, to
implement the Official Plan of the City of Pickering, Region of Durham
on Part of Lots 29 & 30, Concession 4 (Parts 8 & 9, Plan 40R-18997),
in the City of Pickering, (A 12/07)
45
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
extend the temporary three-year term of an existing golf practice facility on Part of
Lots 29 & 30, Concession 4 (Parts 8 & 9, Plan 40R18997), in the City of Pickering;
AND WHEREAS an amendment to Temporary Use Zoning By-law 4825/96, as amended
by By-law 6553/05, which amended By-law 3037, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENT
Section 5 is hereby repealed and replaced with the following:
5. PROVISIONS
Temporary Uses Permitted ("A(T-GPF)" Zone)
Despite any provision of By-law 3037, as amended by By-law 3155/89,
the lands designated "A(T -GPF)" and shown hatched on Schedule I
attached to this By-law may be used for a golf practice facility until
July 29, 2011.
2. EFFECTIVE DATE:
This By-law shall come into force In accordance with the provIsions of the
Planning Act.
BY-LAW read a first, second, and third time and finally passed this
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David Rya'n, Mayor
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Debi A. Wilcox, City Clerk
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ATTACHMENT #, TO
RE?ORT 1/ PO 13 -oB
I
~ LA DS SUBJECT ]]0
ZO ING AMENDMt:.NT
APPLlCA TION '
(A 12/07)
EXISTING
WHITEVALE
GOLF
COURSE
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City of Pickering
Planning & Development Department
PROPERTY DESCRIPTION CON 4, S PT LOT 29,30, RP 40R-18997, PART 1,2
OWNER WHITEVALE GOLF CLUB
FILE No. A12/07
DATE DEC. 20, 2007
SCALE 1 :5000
DRAWN BY JB
CHECKED BY CP
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Tcranet Enterpriscs Inc. end its suppliers. All rights Reserved. Not 0 plan of survey.
. 2005 MPAC and its suppliers. All rights Rescrved. Not 0 plan of Survey.
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47
CitJI 0#
INFORMATION REPORT NO. 06-08
FOR PUBLIC INFORMATION MEETING OF
February 4, 2008
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
Zoning By-law Amendment Application A 12/07
Whitevale Golf Club
2985 Golf Club Road
South Part of Lots 29 & 30, Concession 4
(Parts 8 & 9, 40R-18997)
City of Pickering
1.0 PROPERTY LOCATION AND DESCRIPTION
- the property is located southeast of the Hamlet of Whitevale (see Attachment
#1 - Location Map);
- the site has an approximate area of 12 hectares, without road frontage;
a golf practice facility has been operating on these lands during the golfing
season for the last eleven years, in compliance with the existing temporary
zoning by-law;
- the property is surrounded by field crops to the north and west, and to the
east are valley lands associated with a tributary of the Duffins Creek.
2.0 APPLICANT'S PROPOSAL
- the applicant proposes to amend the zoning by-law to permit the continuance
of a Golf Practice Facility for an additional three year period, as was
previously approved through Temporary Use By-law 6553/05;
- Whitevale Golf Club intends to seek a permanent rezoning and official plan
amendment with the City of Pickering, to include an extension of the golf club
and associated uses to the north, once the location of a Regional arterial road
planned near the property has been resolved.
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Information Report No. 06-08
48
Page 2
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Regional Official Plan
designates the property as Living Area and Major Open Space;
golf courses are permitted within these designations provided they are
compatible with their surroundings and are sensitive to the environment by
minimizing impacts on watercourses, wetlands, groundwater resources or
other environmentally sensitive features;
a future Regional arterial road connection is proposed through this property to
improve east-west connections through Durham Region;
Whitevale Golf Club entered into an agreement with the Region of Durham to
use the portion of the lands required for the future Regional arterial road
connection for use as a Golf Practice Facility which will be transferred to the
Region when the road alignment has been determined - this agreement
expires July 29, 2008;
3.2 Pickering Official Plan
designates the property as Agricultural Areas;
this designation does not permit golf courses and associated uses, however,
the City's Official Plan policies for temporary use by-laws permit uses that do
not conform to the land use policies of the Plan to operate for a period up to
three years;
3.3 Zoning By-law 3037
the property is currently zoned "A(T-GPF)" - Agricultural - Temporary Golf
Practice Facility Zone under By-law 3037, as amended by By-law 6553/05;
this zoning category permits a golf practice facility on a temporary basis until
July 29, 2008;
an amendment to the zoning by-law is required to extend the golf practice
facility use for a further three year period.
4.0 RESULTS OF CIRCULA liON
4.1 Resident Comments
no written resident comments have been received to date;
4.2 Agency Comments
Toronto and Region
Conservation Authority
no objections (see Attachment #2);
Information Report No. 06-08
Page 3
49
4.3 Staff Comments
4.3.1 Temporary Use By-law Provisions
Section 15.20 of the Pickering Official Plan identifies that temporary use
by-laws may be considered when a use is intended to exist for only a limited
amount of time and establishes that prior to enactment of a temporary use
by-law, City Council must be satisfied that the use will not prejudice the future
development of the lands and the surrounding area;
the City's Official Plan policies also establish that City Council may pass
temporary use by-laws for a period up to three years to permit a specific use
of land whether or not that use conforms to the Plan;
the Environment Assessment for the future Whitevale Road bypass will now
be incorporated within the Region of Durham's Environmental Assessment for
all piped and road infrastructure for the Central Pickering Development Plan
Area (Seaton lands) which could affect the land area of the Whitevale Golf
Club;
a temporary use zoning by-law is appropriate in this instance because it
would be premature to consider permanent zoning and official plan
amendment until the Region of Durham confirms the location of the proposed
Type B arterial road connection between Fifth Concession Road in the City of
Pickering and Fourteenth Avenue in the Town of Markham and the numerous
environmental assessments have been completed;
Staff require comments from the Region of Durham respecting the status of
the agreement with the Region for use of a portion of the lands required for a
future Regional arterial road connection;
the Planning & Development Department will conclude its position on the
application after it has received and assessed comments from the circulated
departments, agencies and public.
5.0 PROCEDURAL INFORMATION
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 Councilor a Committee of Council;
if you wish to reserve the option to appeal Council's decision, 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 decision regarding this proposal, you
must request such in writing to the City Clerk.
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Information Report No. 06-08
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6.0 OTHER INFORMATION
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Page 4
6.1 Appendix No. I
list of neighbourhood residents, community associations, agencies and City
Departments that have commented on the applications at the time of writing
report;
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;
6.3 Company Principal
- the applicant advises that the President of Whitevale Golf Club is Walter
Lemon.
ORIGINAL SIG~~D 'BY
ORIGINAL SIGNED BY
Rick Cefaratti
Planner II
Lynda Taylor, MCIP, RPP
Manager, Development Review
RC:jf
Attachments
Copy: Director, Planning & Development
2-
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APPENDIX NO. I TO
INFORMATION REPORT NO. 06-08
COMMENTING RESIDENTS AND LANDOWNERS
(1) none received to date
COMMENTING AGENCIES
(1) Toronto and Region Conservation Authority - January 8, 2008
COMMENTING CITY DEPARTMENTS
(1) none received to date
5 1
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Planning & Development Committee
Meeting Minutes
Monday, February 4, 2008
7:30 pm - Council Chambers
Chair: Councillor O'Connell
(I) PART 'A' - PLANNING INFORMATION MEETING
2. Information Report 06-08
Zoning By-law Amendment Application A 12/07
Whitevale Golf Club
2985 Golf Club Road
South Part of Lots 29 & 30, Concession 4
(Parts 8 & 9, 40R-18997)
City of Pickerinq
A public information meeting was held under the Planning Act, for the purpose of
informing the public with respect to an application submitted by Whitevale Golf
Club for property municipally known as 2985 Golf Club Road.
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.
Rick Cefaratti, Planner II, gave an overview of zoning amendment application
A 12/07.
No members of the public in attendance at the public information meeting spoke
in support or opposition to Application A 12/07.
1
The Regional
Municipality
of Durham
Planning Deparlment
605 ROSSLAND ROAD E
4'" FLOOR
PO BOX 623
WHITBY, ON L 1N 6A3
(905) 668-7711
Fax (905) 666-6208
E-mail: planning@
region.durham.on.ca
www.region.durham.onca
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53
February 20, 2008
Rick Cefaratti, Planner II
Planning and Development Department
City of Pickering
One The Esplanade
Pickering, Ontario
L 1 V 6K7
Sent via email to:
rcefaratti@citV.pickerinq.on.ca
Mr. Cefaratti:
Re: Zoning Amendment Application A 12/07
Applicant: Whitevale Golf Course
Location: 2985 Golf Club road
South Part of Lots 29 and 30, Concession 4
East of Golf Club Road; South of Concession 5
City of Pickering
A.L. Georgieff, MCIP, RPP We have reviewed this application to permit the continuation of a driving
Commissioner of Planning range as a temporary use on the Whitevale Golf Course property in
Pickering. The following comments are offered.
"Service Excellence
for our Communities"
In June of 2002, the Region of Durham entered into an agreement with
the Whitevale Golf Club to address EA and other requirements
associated with a potential alignment of a future Type B Arterial Road
through the subject lands. The agreement stipulates that Whitevale Golf
Club must obtain the Region's approval to initiate any Planning Act
applications to amend the zoning and/or Official Plans affecting the
subject lands site or apply for a building permit.
The EA process and the preferred solution/design for the proposed road
will determine whether the Region needs to acquire a road alignment
through the subject site. Under the terms of the Agreement, the Region
can purchase the required lands from Whitevale at a price that does not
include the costs of land improvements associated with the driving range
and/or the irrigation reservoir. An amendment to this agreement on
January 1, 2006 allows the development of an irrigation reservoir on the
affected lands. The amended agreement is scheduled to terminate on
July 29, 2008, prior to the Region determining the need for the road
alignment.
We have no objection to the proposed temporary use by-law following an
extension of the above noted Agreement between the Region and
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Whitevale Golf Club. The Regional Legal Department will proceed to
execute an extension agreement with Whitevale Golf Club.
Please contact me should you have any questions or require further
information regarding this matter.
O~m~Wl
Dwayne Campbell, Project Planner
Current Planning
cc: Pete Castellan, Regional Works Department
Cindy Boyd, Regional Legal Department
(....~'.i"... r TORONTO AND RfG/ONt;y-.
t/Lonserva Ion
for The Living City
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CITY OF PJCV:Eri!r.jG
PL'\i'l!'!]:'iC; ,; DE"iELCP\'1E:JT
OE?.-IRT.\IE,'lJT
January 8, 2007
CFN 38708.08
X-REF CFN 36646.01
BY FAX AND MAIL
Rick Cefaratti, Planner II
City of Pickering
One the Esplanade
Pickering, ON
L 1 V 6K7
Dear Mr. Cefaratti:
RE: Zoning Amendment Application A 12/07
2985 Golf Club Road
Whitevale Golf Course
City of Pickering
Toronto and Region Conservation Authority (TRCA) acknowledges receipt of the above application.
TRCA staff has reviewed the application and offer the following comments.
It is our understanding of the application that the applicant is seeking permission to amend the zoning by-
law to permit the continuance of a golf practice facility on a temporary basis. TRCA staff previously
reviewed and commented on the temporary zoning by-law which was passed in 1999, and subsequent
extension applications in 2002 and 2005.
In review of the current zoning amendment application under TRCA's Ontario Regulation 166/06, the
location of the golf practice facility is not located within the Regulated Area. However, TRCA staff would
request review of any further expansion as there is a significant valley feature adjacent to the current
facility.
In light of the above, TRCA staff have no objection to the proposed zoning amendment application.
We trust that this is of assistance. Please contact me should you have any further questions.
7;;J;Jfj
d&rLon McNeill BA. BURPI
Planner I
Planning and Development
Extension 5744
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Cc: 4eva,e Golf Course, Owner
Steve Heuchert, TRCA
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