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HomeMy WebLinkAboutInformation Report 04-05INFORMATION REPORT NO. 04-05 FOR PUBLIC INFORMATION MEETING OF April 21, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Official Plan Amendment Application OPA 02-004/P Zoning By-law Amendment Application A 21/02 & Minister's Zoning Order Application 18-ZO-02903-0' Bill & Ann Clancey (Part of Lot 8, Concession 5, Parts 1, 2 and 3, Plan 40R-16157) (South side of Concession 6, east of Westney Road) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the south side of Concession 6, east of Westney Road, to the east of the Hamlet of Greenwood (see Location Map, Attachment #1); - the subject property has an approximate area of 13.1 hectares, a lot frontage on Concession 6 of 207 metres and a lot depth of 630 metres; - the subject property is currently occupied by a detached dwelling, two sheds, two barns and a cultivated field; - a hydro corridor runs from the south-west towards the north-east across the south part of the property; - the subject property is relatively flat with a row of trees along part of the road frontage and hedgerows along the east and west sides of the property; - the subject property is currently farmed and the residence is rented; - surrounding uses include similar farming operations with dwellings, barns and fields. 0,2 ' Information Report No. 04-05 Page 2 2.0 APPLICANT'S PROPOSAL - the applicant proposes to: • amend the Pickering Official Plan to permit use of the subject lands for a golf driving range (including a parking area) and to convert the existing dwelling to a pro -shop, in addition to the permitted agricultural uses; • amend the zoning to permit the driving range on the northern 10.2 hectares (approximately three-quarters) of the subject lands located north of the Hydro corridor; and, • continue to farm the southern part of the lands, use one existing barn to board horses, convert the other barn to a storage shed for the golf driving range, demolish the two existing sheds and construct a new residence near the front of the property in the future; - a preliminary site plan showing the layout of the golf driving range (including the associated parking), the buildings to be retained on the property and the hydro corridor is provided for reference (see Attachment #2); and, - the applicant has also submitted an application to the Ministry of Municipal Affairs and Housing to amend the Minister's Zoning Order (which regulates new uses that may be impacted by noise from a future airport). 3.0 PROVINCIAL GREENBELT LAWS - the Greenbelt Protection Act, 2003 (GPA) was introduced on December 16, 2003; the Act imposed a moratorium on applications for new "urban uses" within the rural area of Pickering, including the subject lands; the GPA came into force June 24, 2004, but was retroactive to December 16, 2003; any procedures or decisions on applications commenced prior to December 16, 2003, that occurred after December 16, 2003 became "of no effect" when the GPA came into force; - the original interpretation by the Ministry of Municipal Affairs staff was that a golf driving range was not an "urban use'; therefore, the City scheduled and held a Statutory Public Meeting for the subject applications on February 19, 2004; - subsequently, Ministry staff changed its interpretation and advised that a golf driving range was an "urban use'; accordingly, the February 2004 Statutory Meeting is "of no effect"; - the GPA was repealed March 9, 2005 and replaced with the new Greenbelt Act, 2005 the Greenbelt Plan, adopted under the authority of the Greenbelt Act, 2005, does not include the subject lands in the Greenbelt; as a result, processing of the subject applications may now be recommenced, and, to this end, a Statutory Public Meeting has been scheduled for April 21, 2005. Information Report No. 04-05 Page 3 03 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - identifies the subject property as Major Open Space, where development is intended to be predominantly for conservation, recreation, reforestation, agriculture and farm -related purposes; - the proposal appears to conform to the Durham Region Official Plan; 3.2 Pickerinq Official Plan - designates the western majority of the subject property as Agricultural Areas and the eastern part as Open Space System — Natural Areas; - designates the area immediately west of the subject property as Rural Study Area for the Hamlet of Greenwood on Schedule I — Land Use Structure and designates the proposed Future By-pass for Westney Road (around the Hamlet of Greenwood) on Schedule 11 — The Transportation System of the Pickering Official Plan; - designates no natural features on Schedule 111 — Resource Management to the Pickering Official Plan for the subject property; 3.3 Zoning By-law 3037 - the subject property is currently zoned "A" — Rural Agricultural Zone A, by Zoning By-law 3037, as amended; - the existing zoning permits agricultural uses (including, among other things, the raising of field crops, raising of horses and one detached dwelling for the agricultural user) and some recreational uses, not including a golf driving range; - a zoning by-law amendment is required to permit the golf driving range and the related pro -shop. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - since the previous Statutory Public Meeting is deemed to be of no legal effect, the comments provided at that time are not attached to this Information Report, but are included in the file and may be examined at the Planning & Development Department; 4.2 Agency Comments - a Ministry of Municipal Affairs official has indicated that processing of the application to amend the Minister's Zoning Order, submitted by the applicant, will be restarted, now that the subject lands are no longer affected by the Greenbelt Protection Act, 2003; Information Report No. 04-05 4.3 Staff Comments - in reviewing the application to date, the following matters have been identified by staff for further review and consideration: • compatibility with the abutting lands to the east which are designated as 'Protected Countryside' by the Provincial Greenbelt Plan; • whether the loss of agricultural land is justified; • consistency of a golf driving range with the City's rural area policies; • ability to meet the minimum separation distances required between the future proposed dwelling and existing sources of odour from livestock facilities; • suitable buffering from the future by-pass of Westney Road proposed to the west and the need to protect lands for the Westney Road by-pass alignment; • suitable zoning standards; • matters to be addressed through site plan approval, once appropriate zoning is in force, before landscaping for the driving range may proceed; • delineation of zoning boundaries for the golf driving range to ensure compatibility with the Hydro corridor across the south part of the subject lands; and • ensuring that changes of use for existing buildings meet all necessary fire protection, health standards and building codes. 5.0 PROCEDURAL INFORMATION 5.1 Official Plan Amendment Approval Authority - the Region of Durham may exempt certain local official plan amendments from Regional approval if such applications are determined to be locally significant, and do not exhibit matters of Regional and/or Provincial interest; and, - at this time, the Region has not yet determined whether this official plan amendment application is exempt from Regional approval; 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 & Development Report prepared by the Planning & Development Department for a subsequent meeting of Council or 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; Information Report No. 04-05 Page 5 05 - if you wish to be notified of Council's adoption of any official plan amendment, or passing of any zoning by-law amendment, you must request such in writing to the City Clerk; and, - 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 I - list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications in response to the request for comments dated March 31, 2005, at the time of writing the report; 6.2 Appendix II - a copy of the applicant's proposed Pickering Official Plan Amendment; 6.3 Information Received - full scale copies of the Applicant's submitted preliminary site plan are available for viewing at the offices of the City of Pickering Planning & Development Department; - the City of Pickering is in receipt of the following reports submitted in conjunction with this proposal: • Planning Justification Report; • Tree Inventory and Assessment; • Agricultural Assessment Report; and, • Greenwood Golf Driving Range — Environmental Review; 6.4 Applicant - the applicants are Bill and Ann Clancey. Steve Gaunt, MCIP, RPP Senior Planner SG:Id Attachments Copy: Director, Planning & Development 4 Catherine Rose, MCIP, RPP Manager, Policy G6 APPENDIX NO. I TO INFORMATION REPORT NO. 04-05 COMMENTING RESIDENTS AND LANDOWNERS (1) No new comments received to date COMMENTING AGENCIES (1) Ministry of Municipal Affairs (oral) (2) No new written comments received to date COMMENTING CITY DEPARTMENTS (1) None received to date APPENDIX NO. II TO PROPOSED AMENDMENT TO THE PICKERING OFFICIAL PLAN PROPOSED AMENDMENT TO THE PICKERING OFFICIAL PLAN PROPOSED The purpose of this amendment is to add a golf driving range PURPOSE: as a permitted use on the subject lands, which are designated Agricultural Areas and Open Space Areas — Natural Areas. LOCATION: The subject lands are approximately 13 hectares in area, and located on the south side of Concession 6, east of Westney Road. All of the lands fall within Part of Lot 8, Concession 5 (Parts 1, 2 and 3, Plan 40R-16157). PROPOSED The City of Pickering Official Plan is hereby amended by: AMENDMENT: 1. Adding to City Policy 3.20 - Exceptions to Land Use Designations, which currently reads as follows: "3.20 In addition to the primary agricultural uses set out in Table 12 and open space uses set out in Table 3, as an exception, City Council shall permit the following:"* A new subsection (e) as follows: Golf Driving Range (e) on lands identified by the symbol "E5" on Schedule I, a golf driving range and the related use of pro -shop." 2. Adding the symbol for Exception "E5" to Sheet 3 of Schedule I — Land Use Structure to identify the subject lands, as set out on Exhibit `A' 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. "Tables 3 and 12 are attached for information EXHIBIT 'A' SCHEDULE I TO THE PICKERING OFFICIAL PLAN EDMON 3 ✓nrvi rw&� ¢� unum IM II010R)*IV ;iof" Y0; 7A OPEN SPACE SYSTEM - TURA- ARDS ACTNE RECREATIONAL AREAS - MARINA AREAS FREEWAYS AND MAJOR UTILITIES ® POT£NIML MOLT—USE AREAS 0 CONTROLLED ACCESS ARE RURAL SETTLEMENTS ® RURAL CLUSTERS - RURAL tMMLET5 OTHER DESIGNATIONS AGRICULTUPAL AREAS `I EXCEPTIONS(... section 3.20) RURAL IITUOY AREAS UJ i I � �� . ■ _. ..•_ . I P40i 7�I TOWN � AJA SCHEDULE I TO THE PICKERING OFFICIAL PLAN EDMON 3 ✓nrvi rw&� ¢� unum IM II010R)*IV ;iof" Y0; 7A OPEN SPACE SYSTEM - TURA- ARDS ACTNE RECREATIONAL AREAS - MARINA AREAS FREEWAYS AND MAJOR UTILITIES ® POT£NIML MOLT—USE AREAS 0 CONTROLLED ACCESS ARE RURAL SETTLEMENTS ® RURAL CLUSTERS - RURAL tMMLET5 OTHER DESIGNATIONS AGRICULTUPAL AREAS `I EXCEPTIONS(... section 3.20) RURAL IITUOY AREAS UJ I40 ........................... TABLE 3 Open Space Permissible Uses System (Restrictions and limitations on the uses permissible, arising from other policies of Subcategory ............................. ............... ........... this Plan, will be detailed in zoning by-laws.) ................................................................. ............ ............ I .................................................................... Natural Areas Conservation, environmental protection, restoration, education, passive recreation, and similar uses; Agricultural uses outside of valley and stream corridors, wetlands, environmentally significant areas, and areas of natural and scientific interest; Existing lawful residential dwellings; a new residential dwelling on a vacant lot. .................................................. ........................ ............. Active ............................ . .................................................................................................................................................... All uses permissible in Natural Areas; Recreational Areas ..................................................................... Active recreational, community and cultural uses, and other related uses, ..................................................................... .......... ................................................................................................. ....................... Marina Areas All uses Permissible in Natural Areas and Active Recreational Areas; Marinas, yacht clubs and ancillary uses; Marina supportive uses, restaurants, limited retail uses; limited residential uses in conjunction with marinas and yacht clubs; ................................................................................................................................................ Aquaculture and other related uses. ............... . .................................................................................................................................... TABLE 12 Permissible Uses Designation (Restrictions and limitations on the uses permissible, arising from other policies of this Plan, will be detailed in zoning by-laws.) Agricultural Primary agricultural uses such as, Areas Growing crops, including nursery and horticultural crops; Raising livestock and other animals, including poultry and fish; Aquaculture, agro-forestry, maple syrup production; Fatm-related residential dwellings, existing lawful residential dwellings, a new residential dwelling on a vacant lot, home occupations. Complementary and supportive agricultural uses such as, Agricultural industries; Home businesses; Farm -related businesses producing agricultural products from farm operations, such as value-added processing and packing operations of agricultural products, roadside produce stands retailing products from the farming operation, farm vacations as part of a farming operation, and cottage wineries processing produce from local farming operations; Other farm -related businesses, such as horse shows and riding schools and auctions of farm produce, livestock and equipment as a component of a farming operation. AITACHMENT##—i-:l`O INFORMATION REPORT#. N`GNW pY y OD SIMM SUBJECT PROPERTY WNc¢3 an HIGHWAY 7 ��AIa City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART LOT 8, CONCESSION 5, PARTS 1,2 & 3 40R-16157 OWNER B & A CLANCY DATE JAN. 14, 2004 DRAWN BY JB FILE No. OPA 02-004P & A 21/02 SCALE 1:10000 CHECKED BY SG N FOR DEPARTMENT USE ONLY PN -RURAL PA - 12 LaTTACHUENT# Z T® ;,NFC?€ RATION FEOxr# O � UUP INFORMATION COMPILED FROM APPLICANT'S SUBMITTED SITE PLAN W.CLANCEY A 21/02 GREEN *A unrtnn l —t I\ E%I6iING BARN LEGEND: PROPERTY LINE EXISTING VEGETATION TO REMAIN OEXISTING VEGETATION TO BE REMOVED y�y PROPOSED GREEN O PROPOSED BUNKER PROPOSEDTEE )MS NV WAf YM]A'A'[O BY MC G!Y CY RCMEFMC pMWMG tr IXKLMMIM LCP.I wm MYPV.W ]NAV tr Sf.PFdl! SCN.1 RBMI6PY J. NAJI. NpONO GNOONOE55�0 RG PM ING 'ING \EXIfiiING W6E PROPO6E EGNP'..Non (%LNPF GNIP%XG El]6iING GREEN *A unrtnn l —t I\ E%I6iING BARN LEGEND: PROPERTY LINE EXISTING VEGETATION TO REMAIN OEXISTING VEGETATION TO BE REMOVED y�y PROPOSED GREEN O PROPOSED BUNKER PROPOSEDTEE )MS NV WAf YM]A'A'[O BY MC G!Y CY RCMEFMC pMWMG tr IXKLMMIM LCP.I wm MYPV.W ]NAV tr Sf.PFdl! SCN.1 RBMI6PY J. NAJI.