RECOMMENDATION:
THAT a Public
Meeting be held to consider the application submitted by Fairtree Driving Range
for a Zoning By-law Amendment to permit a golf driving range as a temporary use
on lands located on the east side of Kennedy Road, north of Major Mackenzie
Drive.
PURPOSE:
The purpose of this report
is to provide preliminary information regarding the application by Fairtree
Driving Range to develop a golf driving range, on a temporary basis, on a 9.9
hectare (24.4 ac) portion of the 79.7 hectare (197 ac.) subject property
located on the east side of Kennedy Road, north of Major Mackenzie Drive.
BACKGROUND:
Subject lands and area context
The subject property is located on
the east side of Kennedy Road, north of Major
Mackenzie Drive (Figure 1). The subject lands
comprise a 9.9 hectare (24.4 ac.) portion of the 79.7 hectare (197 ac) subject property
owned by the applicant. The subject
lands contain two heritage dwellings that are designated under Part IV of the
Ontario Heritage Act, the Sommerfeldt Homestead and the George Henry
Sommerfeldt Sr. House. The applicant indicates
that the George Henry Sommerfeldt Sr. House will be incorporated into the
driving range proposal. The Sommerfeldt
Homestead House is currently occupied by a tenant and will not be part of the
driving range proposal.
The site is currently used for
agricultural purposes. Agricultural
lands are adjacent immediately to the north, south and east and the Angus Glen
Golf Course is to the west, across Kennedy Road.
A temporary golf driving range is proposed
The proposal is to use the subject
property for a golf driving range facility for a period of three (3)
years. The 400 yard driving range facility
would consist of 23 driving mats, 23 grass tees, a putting green, pitching
green and a portable clubhouse and would accommodate up to 86 parking spaces
(Figure 4). The driving range appears to
be partially constructed.
The subject lands will stay in sod
if the range is established with a paved entrance and a granular surface in the
parking area. As there is no municipal
water supply on site, portable washrooms are proposed. Netting is proposed to be erected along the
north and south limits of the facility to prevent golf balls leaving the facility.
Official Plan and Zoning By-law
The lands are designated
Agriculture 1 in the Official Plan and zoned Agriculture One (A1) in Zoning
By-law 304-87. Neither this designation
nor the current zoning permits the proposed use. However, the Official Plan allows Council to
pass a by-law to authorize the temporary use of land, buildings or structures
that are not permitted under the current land use designation, for a period up
to three (3) years. Council may, if
appropriate, extend this permission for further periods up to three (3) years
each.
The Official Plan also speaks to the
proposed use being temporary in nature and not entailing any major construction
or investment on the part of the owner so that the owner will not experience
undue hardship in reverting to the original use upon the termination of the
temporary use provisions. Requirements
may be made in the by-law for provisions to restore buildings, sites,
structures or uses to those in effect before enactment of the By-law.
The proposed zoning amendment would
add a golf diving range to the list of permitted uses on the property for a
period of three (3) years to accommodate the proposed golf driving range.
POTENTIAL BENEFITS OF APPROVAL OF THE
PROPOSAL:
The approval of the proposal would
provide additional recreational facilities.
CONCERNS/ISSUES TO BE RESOLVED:
The following is a brief summary of
concerns/issues raised to date. These matters, and any others identified
through the circulation and detailed review of the proposal, will be addressed
in a final staff report to be presented to Committee at a later date should it
be required.
Issues to be addressed include:
- Appropriateness of the proposed temporary use in relation to
surrounding uses and the agricultural context.
- Visual impact of the proposed development (netting, lighting if
any)
- The TRCA notes that a provincially significant wetland traverses
the subject property. However, they also note that the current application
does not apply to the entire property.
In order for the TRCA to determine whether or not the proposed
works might effect the wetland and create potential impacts on the natural
heritage feature, they have requested further information on the
dimensions of the proposal.
- The submission of a site plan application is required.
Greenbelt Development
Moratorium
The Greenbelt Protection Act (December 16,
2003), an act to establish a greenbelt
study area, imposed a moratorium on applications that permit urban uses on
rural and agricultural lands within the study area that are outside current
urban boundaries. The Act expired on March 9, 2005.
The Greenbelt Act (in effect Feb 24, 2005) is the enabling legislation for the Province to
establish a Greenbelt Area and a Greenbelt Plan. The Greenbelt Plan sets out provincial policies
for the Greenbelt Area, including land use designations and policies to support
coordination of planning and development programs at the provincial ministry
level and among municipalities. The Greenbelt
Plan (approved on February
28, 2005 ) also
provides new policies with respect to agricultural and environmental
protection, and the development of cultural, recreational and tourism
facilities within the designation of Protected Countryside.
Although initially “frozen” through the
Greenbelt Protection Act, the subject property does not fall within the final
Greenbelt Plan.
Lands subject to the Minister’s Zoning Order (Airport)
The subject property is located
within the Minister’s Zoning Order (Airport).
The applicant is responsible to submit an application to the Ministry of
Municipal Affairs and Housing to amend the Minister’s Zoning Order, and such an
amendment would have to be approved by the Province, before the Zoning By-law
Amendment addressed in this report could come into effect.
FINANCIAL CONSIDERATIONS:
No financial implications have been
identified at this time.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
applications have been circulated to Town Departments and agencies for review
and comment.
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim
Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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DOCUMENT #Q:\Development\Planning\APPL\ZONING\04
012862 Fairtree Driving Range\preliminary report.doc
ATTACHMENTS: Figure 1 –
Applicant/Agent and Location Map
Figure
2 – Area Context and Zoning
Figure
3 – Air Photo
Figure
4 – Site Plan
APPLICANT/AGENT: Armstrong,
Goldberg, Hunter Tel: (416) 322-7548
Attn:
Jim Kotsopoulos Fax: (416) 322-4927
2171 Avenue Road
Suite 301
Toronto, ON
M5M
4B4
