Loading...
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. j"r-'" '11 ~'~ tr- --~ 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. ; ,'.. -i1rilr -,-~~ 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 ~1' ~ Prepared By: Approved/Endorsed By: RiC~i~~ Planner II "1/ ~. .-; ,- /,- /- ~ - ',:-<rJl:(j~i(!! Neil Carrol r-~I'P, RPP Director, Planning & Development RC:ld Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Gpuncil /f // / i' .' ---......- ---""""""'----,~" "'-;""'1 44 ,__,_~~_ _ d ~ ~ ---=--.,'-': APPENDIX I TO REPORT PD 13-08 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 12/07 -;:;;,',"j THE CORPORATION OF THE CI~~rPICKERING ~ "'\!hl " "",","':"1" "'," ',','''''' ",I 'r'~ l'i ~ri, BY-LAW N U M ~'~R:z' i;;,f~Vj "', :<ii,,)! A "." e.#' ,iJ " 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 'i:.l 'I " ':1 :;' I day of ,2008. David Rya'n, Mayor ,,', !. \ ~~ J ,\ ,I I \ ,,: }j '; ":).) f \ Debi A. Wilcox, City Clerk "j ,-'M-T ~--~ 46 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 o ~ y ~ ~ 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 l' tv a 0 our-ces; 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. PN-RUR 2. 1:,) Ii h; 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. i' ! .. .-0 n':i~U'n '7 "- 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. .:;-r- ~--- r ~ -'. -r - -~- 'r' 1" ::>l ~ ' - -j Information Report No. 06-08 ~O v 6.0 OTHER INFORMATION '1 . P-::-.. . . 3 ~n J, -l.!i{.) 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- i.::,;~)Er ~ 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 '- I <or ,'-T" '," " "~, 'T fI' , ::< 'TO ,". ",-,.",i-I"..C.)\',t._",,~_' ;:::;.Jcm II PD~__.. Excerpts from the 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 L' flu IJ.o8 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 ,-, ,- ''/- -" ''''~~-11'ifl'il1:1 54 4 13 "'DB 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 5 l3 --0 8 ~"~ 'W""" ?"lot""" J"'J. il"'" ..[" ""'., -' ,,", f'" ','I._~";;'''' ';~. 'ii"'~. j ] 4="", ~.L '...."", "'~ 5.5 i;\ \' 1 'j'" ;n *'" ; ~ ~. "- ~.J 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 CJ/sm ..e(} Cc: 4eva,e Golf Course, Owner Steve Heuchert, TRCA f: \home \pu bl ic\development services\d urh am r%li8Ril[}3~e6ir g,~lY)JV~Ye!H AlHlf fYNrlri'(90c .".,pe==""~...~_.,.,.,..,-,,,..,__,.,,..ft,,,.'..n""=H~_~.....=..nu,=',,,~'''.''''''''_'n_=--~""~"~_-"-""~""""~",~~~-=''''''.''''''''''''~''-'_~=<<T~'''''''''-'''''''''--",,,,-,,,,,,,,,"""-",,",,,,"~_,>,"~="'~''''-'=-r-=r.''''',",'''~,'~~",_''''''''''-'' 5 Shoreham Drive, Downsview, Ontario M3N 1 S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca a. ~~~\