HomeMy WebLinkAboutPSD-020-06
Clw:.mglDn
REPORT
PLANNING SERVICES
Meeting:
Date:
Report #:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, February 20, 2006
Subject:
F" . r)
PSD-020-06 File #: ZBA 2005-00501;3.. y~.w #:--~ ( '. n h . C', ,::) b
(--. tJ:i. O,~Lf - [) h
REZONING TO PERMIT THE SEVERANCE OF THE EXISTING MANSE FROM
NEWTONVILLE UNITED CHURCH
OWNER: TRUSTEES OF THE NEWTONVILLE/SHILOH/KENDAL PASTORAL
CHARGE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-020-06 be received;
2. THAT the rezoning application submitted by the Trustees of the
Newtonville/Shiloh/Kendal Pastoral Charge, be APPROVED;
3. THAT the amending By-law attached be forwarded to Council for approval;
4. THAT a copy of Report PSD-020-06 and the attached amending By-law be forwarded to
the Durham Region Planning Department; and,
5. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
Da i J. Crome, M.C.I.P., RP.P.
Director of Planning Services
ReViewedbO~~
Franklin Wu,
Chief Administrative Officer
SA/CP/DJCllw/df
10 February 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-020-06
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Martindale Planning Services
1.2 Owner: Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge
1.3 Rezoning: To rezone the subject lands from the "Residential Hamlet (RH) Zone" to
an appropriate zone to permit the severance of the existing manse from
the Newtonville United Church.
1.4 Site Area: Total Area = 3052.1 m2
Retained parcel = 1852.1 m2
Severed parcel = 1200 m2
2.0 LOCATION
2.1 The subject lands are located at 2035 and 2041 Newtonville Road, Newtonville
(Attachment 1). The property is contained within Part Lot 8, Concession 2, in the former
Township of Clarke.
3.0 BACKGROUND
3.1 On September 22, 2005, Bob Martindale of Martindale Planning Services, on behalf of
the Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge, submitted an
application to the Municipality of Clarington to rezone the subject lot, 2035 and 2041
Newtonville Road, to permit the severance of the existing manse with a lot area of 1200
m2 (0.29 acres). The Newtonville United Church property would retain a lot 1852 m2
(0.45 acres).
3.2 A Public Meeting was held December 5, 2005. No one spoke in opposition to this
application.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject property currently contains the church, manse, a septic system for each,
and some limited unstructured parking. At this time the driveway is shared.
4.2
Surrounding Uses:
North:
South:
East:
West:
Residential
Residential
Residential
Residential
REPORT NO.: PSD-020-06
PAGE 3
5.0 PROVINCIAL POLICY
5.1 The proposed rezoning application is within the Newtonville hamlet settlement area.
The property is currently serviced by existing municipal water and individual septic
system for each use and has frontage on both a regional road and a local road. There
will be no expansion of the hamlet boundary required or any new services required, thus
the application meets provincial policy.
5.2 Within the Greenbelt Plan the subject lands are designated "Hamlet. This application is
to separate two existing uses that lawfully existed prior to the Greenbelt Plan and the
property is within the Hamlet boundary. Thus, as there is no proposed expansion to the
hamlet boundary the application meets the policies of the Greenbelt Plan.
6.0 OFFICIAL PLAN POLICIES
6.1 The lands are designated "Hamlet" in the Durham Region Official Plan. The Hamlet
designation permits a variety of housing types as well as community facilities.
6.2 The lands are designated "Hamlet Residential" in the Clarington Official Plan. This
designation permits low density residential uses, and other uses such as places of
worship. Typically all new lots on septic systems must be a minimum of 0.4 ha in area.
The Hamlet of Newtonville is serviced by a Regional water supply and thus the
minimum lot size may be reduced by providing an engineering study that demonstrates
the soil and groundwater conditions can support reduced lot sizes without contaminating
soil or groundwater. The proposed use conforms with the Clarington Official Plan.
7.0 ZONING BY-LAW
7.1 The subject lands are currently zoned "Residential Hamlet (RH)". All new lots with an
"RH" zone are required to be a minimum of 4000 m2 in area. Both the severed and
retained lots are proposed to be less than 4000 m2. Thus the application has been
submitted to reduce the lot area requirements.
8.0 PUBLIC NOTICE AND SUBMISSION
8.1 Public notice was given by mail to each landowner within 120 metres of the subject site
and a public meeting notice sign was installed on the property.
8.2 One inquiry was received requesting information about the application. No concerns or
objections to the application have been received.
REPORT NO.: PSD-020-06
PAGE 4
9.0 AGENCY COMMENTS
9.1 Clarington Engineering Services has no objection to the rezoning application but will
require each proposed lot to have its own access to an open, maintained road. The
Regional Works Department has agreed to the additional access for the severed parcel,
providing it is located at the north end of the proposed lot. A condition of the land
division application which is being processed concurrently requires the second access
to be installed prior to municipal clearance of the land division application.
9.2 Clarington Building Division requires that each building have a separate water
connection directly to the road allowance. The Regional Works Department has
confirmed that each building has an existing separate water connection.
9.3 Ganaraska Region Conservation Authority has no objection to the rezoning application.
Permits will not be required from the Authority prior to any further development or
construction on these lands.
9.4 The Regional Health Department has reviewed the application and will not require an
engineering study to support the reduction in lot area. Both septic systems are existing,
and the applicant has proposed reserve tile bed areas adequate for both existing uses
should the primary systems fail.
9.5 Regional Planning has no objection to this application as it meets both Provincial and
Regional policy.
1 0.0 STAFF COMMENTS
10.1 The applicant has provided information to staff that the Newtonville United Church and
manse have occupied the subject parcel since approximately 1880. From a review of
air photos available to Staff, the site appears unchanged since 1992.
10.2 The current zoning permits single detached dwellings and places of worship. However,
each use would be required to have a minimum lot area of 4000 m2. The total lot area
of this parcel is currently 3052.1 m2 and has legal non-complying status.
10.3 The Clarington Official Plan policies for Newtonville permit the reduction in lot area if
municipal water services are available and the smaller lot size is supported, based on
the results of an engineering study. The lot currently has two existing septic systems
servicing the church and manse separately. After consultation with the Regional Health
Department, Staff are satisfied that if the rezoning and severances are approved the
two properties are able to accommodate reserve tile bed areas in addition to the
existing septic systems without impacting adjacent properties. As noted above, the
Regional Health Department has stated that as the existing situation will not be altered
as a result of the severance, a servicing study for this property is not required.
REPORT NO.: PSD-020-06
PAGE 5
10.4 The proposed severance will require an additional entranceway on Regional Road 18
for the manse lot. This does not meet Regional standards for access. However, the
Durham Region Works Department has approved a new entrance from the north side of
the proposed severed lot.
10.5 The proposed severed lot containing the manse will have adequate area to provide two
outdoor parking spaces as required by the zoning by-law. The retained lot, where the
church is situated, has not historically provided structured on-site parking. There is a
driveway approximately 60 metres in length which handles some parking, and the
grassed area at the rear of the church also has occasionally accommodated some
parking. As parking has traditionally been on Church Street, staff find that the rezoning
and related land divisions will not alter the existing parking situation.
10.6 The Clarington Finance Department reports that all applicable taxes are paid in full at
this time.
11.0 RECOMMENDATION
11.1 The church and manse have occupied the property for a very long time. With the
exception of a new driveway to Regional Road 18, there will be no physical change as a
result of approving the rezoning and the proposed severance. Based on the comments
contained in this report, it is respectfully recommended that the rezoning application be
APPROVED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Martindale Planning Services
c/o Bob Martindale
Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge
Attachment 1
To Report PSD-020-06
-
.!!
'S;
c
j
CD
Z
-
D-
III
:::E
c
o
:0::
III
U
o
..J
~
CD
~
D..
..
c
CD
E
"C
Q C
It) CD
Q E
C? <(
~ ~
Q ns
N ...J
<( .
m ~
N m
C)
c:
.-
C
o
N
CD CD
.cD)
-...
_ ca
o.c
(1)(,)
CD-
S l!
(I) 0
:::::s-
... (I)
I- ca
D.
.c.c
~ 0
:::::s=
.c .c
(,)0
-
'C CD
CD=
== >
c c
::::>> 0
~i
CD CD
Cz
~
co
c"gt;J -- ,"II ;'J 1i/!r'lei I
NI'v'd
N
'"
~
~
~
i:'
L7J.r1.1()
r/9,'.k'
NIc7"
'"
,
~ ~
t (~l O~l . ~
: .,,0<'" 31"MfJ J(l91;;\ -!,IO\ W'l.; ~.0\9('1.gl"') :
t' UOO1S l:/l 1 (r,Y3":W ~Qi;l--~('l\ "ff'ld) ~
~~'':~' YI,.OCl)(),R1N 1::'
lU
::z
S
:z:
t)
a::
~
:z:
t)
fj ...
<':
'"
~ ro
C\I C\I
I I
I I
~ ~
0 0
I-- I--
I I
~ ~
E E
e e
, I u.. u..
Q) Q)
~ C) C)
c: c:
~ m m
,. .s= .s=
,~ 0 0
',I:.}
-~ C) C)
^ c: c
c c:
2 0 0
1 N N
.- j~ ~I
. ~
tl"
c.,
r~
....f.fll..J.'.j
] I
_. '. '?{ I ~J
Bt avo~ lVNOIf)3~ IIVVH~na
Attachment 2
To Report PSD-020-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-_
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town
of Newcastle
WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement
ZBA2005-005:
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 93 "SPECIAL EXCEPTION - RESIDENTIAL HAMLET ZONE" is hereby amended by
adding thereto the following new Special Exception 9.3.24 as follows:
"9.3.24 RESIDENTIAL HAMLET EXCEPTION (RH-24) ZONE"
Notwithstanding Section 9.2a) and c)ii), buildings existing prior to February 27,2006,
on those lands zoned "RH-24" on the attached Schedule to this By-law, shall be
subject to the following zone regulations:
a) Lot Area (minimum)
b) Yard Requirements (minimum)
i) Exterior Side Yard Setback
1852 square metres
0.25 metres
2. Section 9.3 "SPECIAL EXCEPTION - RESIDENTIAL HAMLET ZONE" is hereby amended by
adding thereto the following new Special Exception 9.3.25 as follows:
"9.3.25 RESIDENTIAL HAMLET EXCEPTION (RH-25) ZONE"
Notwithstanding Section 9.2a), c)i) and 3.1 c), buildings existing prior to February 27,
2006, on those lands zoned "RH-25" on the attached Schedule to this By-law, shall
be subject to the following zone regulations:
a) Lot Area (minimum)
b) Yard Requirements (minimum)
i) Front Yard Setback
ii) Accessory Building Interior Side Yard Setback
(to the wall of the accessory building)
3. Schedule "17" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
"Residential Hamlet (RH) Zone" to "Residential Hamlet Exception (RH-24) Zone" and
"Residential Hamlet (RH) Zone" to "Residential Hamlet Exception (RH-25) Zone" as
illustrated on the attached Schedule "A" hereto.
1200 square metres
4.9 metres
0.4 metres
4. Schedule "A" attached hereto shall form part of the By-law.
This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section
34 of the Planning Act.
BY-LAW read a first time this day of
2006
BY-LAW read a second time this day of
2006
BY-LAW read a third time and finally passed this day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2006-
passed this day of , 2006 A.D.
CHURCH LANE
co
~
?3
'l)
Q
d
n::
-J
~
o
G
LU
n::
~
~
n::
::)
Q
"-
c{
2
;....:~,ct'~~~~f r~....~ ~~,~ 1 ;>'-^" .,:q-':~) 'Ie "'('<S
~ Zoning Change From "RH" To "RH-24"
G Zoning Change From "RH" To IRH-25"
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
/'
/'
'----- -- -- ---C=-:-===;-T- \ -- -- -- - ~-I
I , ' I
,---J i' 'I
I ". ----.! ; I
I', \ \
I I I
'I " " I I
I , I '
, ,
J
~///
/
;!
,--Ii
\"{)
'-0
Newtonville