HomeMy WebLinkAboutPD-126-85
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CORPORATION OF THE TOWN OF NE\I\'CASTLE
PLANNING AND DEVELOPMENT DEPARTMENT
HAMPTON, ONTARIO LOB 1JO
T. T. EDWARDS. ....C.I.P.. Director
TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION Cm1MITTEE
MEETING OF SEPTEMBER 16, 1985
REPORT NO.: PD-126-85
SUBJECT: REZONING APPLICATION - FILE: DEV 85-18
CHURCH OF THE LATTER DAY SAINTS
PART LOTS 15 & 16, CONC. 1, DARLINGTON
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Admi ni strati on Committee recommend to Council the fCIllowi ng:
l.
2.
That Report PD-126-85 be received; and
That appl ication for rezoning, File: [lEV 85-18, in
respect of Part of Lots 15 and 16, Concession 1,
former Township of Darlington, submittE!d by Mr. E.
Pollard on behalf of the Church of the Latter Day
Saints to permit the construction of a Church, be
approved and that the attached by-law to amend
By-law 84-63, as amended, be forwarded to Council at
such time that the written confirmation of the
Regional Health Unit, supporting the application for
rezoning, is received.
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REPORT NO.: PD-126-85
Page 2
BACKGROUND AND COMMENT:
On July 3, 1985, the Planning Department received an application
submitted by Mr. Elmer Pollard on behalf of the Chur'ch of the
Latter Day Saints, to rezone a 1.43ha (3.54 acre) parcel of land
in Part of Lots 15 and 16, Concession 1, former Township of
Darlington. The purpose of the rezoning application is to permit
the construction of a Church on the subject lands.
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Within the Durham Regional Official Plan and Bowmanville Urban
Area Official Plan the subject property is within the
"Residential" designation. The proposal to establish a church is
governed by the following provisions of Section 6.2.6 of the
Durham Plan.
"Notwithstanding any other provisions in this Plan to the
contrary, the Council of the respecti ve area lTIuni cipal i ty
may recognize in the restrict area zoning by-law, ...places
of worship in any area, having first been satisfied that
the proposed facility is compatible with its surroundings.
In determining land use compatibility, the Council of the
respective area municipality shall have due regard for the
designation for the area in which the facility is to be
located. In particular, facilities which would unduly
restrict or conflict with the predominant permitted land
use shall not be encouraged."
In the Official Plan for the Bowmanville Urban Area, the subject
property is also designated "Residential". Section 2.1.2(ii)c)
of the Bowmanville Plan stipulates that churches which are
compatible with the surrounding uses may be permitted in
residential neighbourhoods subject to the inclusion of
appropriate provisions in the Neighbourhood Development Plans
and/or the zoning by-laws.
Staff would note for the Committee's information that the public
informational signs, as required pursuant to Council's resolution
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REPORT NO.: PD-126-85
Page 3
of July 26, 1982 and the requirements of the Planning Act, were
properly sited on the subject lands. Furthermore, it is noted
that along with the rezoning application, site plan approval was
requested. Accordingly, the comments received through the
circulation process addressed both applications. The site plan
matters, Staff will acknowledge in the review and preparation of
a site plan agreement, upon the applicant's receipt of a zoning
by-l aw amendment, shoul d Council deem the approval clf the by-l aw
amendment appropriate.
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In accordance with departmental procedures, the sUbject
application was circulated to obtain comments from other
departments and agencies. The following would summarize the
comments received.
Ontario Hydro
"We have no objection to the approval of this application".
Consumer I S Gas
"As requested, we have reviewed the site plan proposal and see
that you are aware of our existing pipeline easement.
Although we have no objection in principal to this proposal, we
would like it to be noted that we must have clear unobstructed
access to those lands concerned at all times so as to permit any
works that may be requi red. The owner shoul d al so be made aware
of the fact that, if in the event we would be required to
excavate our existing main on that easement, we would not be
responsible for replacing any improvements (i.e. ashphalt,
concrete curing, landscaping etc.) damaged in the process within
the limits of that easement".
Central Lake Ontario Conservation Authority
"The above site is subject to Ontario Regulation 161/80 as
administered by the Central Lake Ontario Conservation Authority.
The Authority Staff have no objection to the approva'] of the
above application. Authority Staff request that the applicant
obtain Authority approval prior to the placement or 9rading of
fill on the above site".
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REPORT NO.: PD-126-85
Page 4
Town of Newcastle Fire Department
"After reviewing the plans for the above-headed appl'ication, the
only concern the Fi re Department has is the turn around
facilities. Section 2.5 of the Ontario Fire Code states as
follows:
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2.5.1.1 (1) When access to a building is required in
conformance with the Building Code, the design and
construction of such access routes shall be
reviewed by the Chief Fire Official and shall:
(i) have turn-around facil i ti es for any dead end
portion of the access route exceeding 300 ft.
The access route for this particular plan is approximately 650
ft., well in excess of 300 ft., which would necessitate inclusion
of turn around facilities".
f'lli ni stry of Transportati on and Communi cati ons
"Thank you for notifyi ng us of Council I s consi deratj i on of zoni ng
change in this area. While the subject lands fall within our
permit control area, we do not anticipate any conflict with our
highway system. Access to Highway No.2 is existingr.
After Council IS approval, but prior to the owner finalizing his
plans for the proposed use, the owner should contact our District
Signs and Permits Inspector".
Town of Newcastle Works Department
"We have reviewed the site plan for the above-mentioned and
generally find the plan acceptable. However, the plan requires
spot elevations to determine the grading of the site; (both
existing and proposed). A submission indicating the proposed
grading is required".
Region of Durham Planning Department
"In response to your request for comments on the above, we note
that the subject property is designated "Residential" in the
Durham Regional Official Plan. The proposal to establish a
church is governed by the following provisions of Section 6.2.6
of the Durham Plan:
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REPORT NO.: PD-126-85
Page 5
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Region of Uurham Planning Department (Cont'd)
"Notwithstanding any other provisions in this Plan to the
contrary, the Council of the respecti ve area muni ci pal i ty
may recognize in the restrict area zoning by-.law,....places
of worshi pin any area, havi ng fi rst been sat'j sfi ed that
the proposed facility is compatible with its surroundings.
In determining land use compatibility, the Council of the
respective area municipality shall have due regard for the
designation for the area in which the facili~f is to be
located. In particular, facilities which would unduly
res tri ct or confl i ct wi th the predomi nant perrni tted 1 and
use shall not be encouraged."
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In the Official Plan for the Bowmanville Urban Area, the subject
property is also designated "Residential". Section 2.1.2(ii)c)
of the Bowmanville Plan stipulates that churches whoich are
compatible with the surrounding uses may be pennittl~d in
residential neighbourhoods subject to the inclusion of
appropriate provisions in the Neighbourhood Development Plans
and/or the zoning by-laws.
Regarding services for the proposed development, we have
requested our Health Services Department to examine the proposed
private water supply and sewage disposal facilities and we will
provide you with further comments upon completion of the
examination."
Region of Durham Health Unit - August 8, 1985
"This site plan can not be approved at the present time. The
proposal will have to be re-assessed when the information in the
attached letter has been received and reviewed."
August 14, 1985 - (copy of letter to applicant)
"We have received your application and site plan fOI' the above
church. It appears from the site plan that you have left
insufficient area for sewage disposal.
We are therefore requesting the following:
1. Soil percolation rates of the natural soil indicating high
water table depth.
2. A grain size distribution chart of the natural soil.
3. Engineered drawings and design of the septic system and its
components.
4. The septic system shown in detail on the plot plan."
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REPORT NO.: PD-126-85
Page 6
STAFF COMMENTS:
As noted within the comments submitted for Staff's ,'eview, no
major objections to the principle of development were received,
although several concerns with respect to "site planning matters"
were addressed.
Staff would note for Committeels information that the concerns of
the various departments and agenci es as outl i ned previously will
be included within the provisions of the site plan agreement.
With respect to the Regional Health Unit comments, it is Staff's
understanding that the applicant is in the process of providing
the required information. Accordingly, Staff have included,
within the recommendation, that the attached by-law be forwarded
to Council at such time as written confirmation of the Regional
Health Unit is received.
In consideration of the above, Staff would have no objections to
the approval of the application as noted within Staffls
recommendations.
T.T. Edwards, M.C.I.P.
Director of Planning
LDT*TTE* j i P
*Attach.
August 21, 1985
cc: Mr. Elmer Pollard
Group 19, Box 19
R.R. #3
BOWMANVILLE, Ontario
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 85-_______
being a By-law to amend By-law 84-63, Comprehensive Zoning By-law
of the Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to amend By-law 84-63, as amended, of the Corporation of
the Town of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
L Schedule "3" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Agricultural (A)" to
"Agricultural Exception (A-13)" zone as shown on the attached
Scheoule "X" hereto.
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2. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act,
1983.
BY-LAW read a first time this
day of
1985
~Y-LAW read a second time this
day of
1985
BY.LAW read a third time and finally passed this
1985.
day of
MAYOR
CLERK
This is Schedule "X" to
passed this _______ day of
By-law 85- __,
,1985 A.D.
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PUBLIC MEETING CONCERNING A PROPOSED
ZONING BY-LAW AMENDMENT
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TAKE NOTICE that the Council of the Corporation of the
Town of Newcastle will hold a public meeting on September 16,
1985 at 9:30 a.m. at Courtroom #2, Rowmanville Courthouse,
132 Church Street, Ro~nanville, Ontario to consider a
proposed zoning by-law amendment under Section 34 of the
Pl ann i n9 Act.
The proposed zoning by-law amendment would change the zone
category of a 1.43ha (3.5 acre) parcel of land 10catE~d in
Part of Lots 15 and 16, Concession 1, former Township of
Oarlington (as shown below) fraTI "Agricultural (A)" to
"Agricultural Exception (A-13)" zone.
The proposed zoning change would permit the development of
a church.
ANY PERSON may attend the public meeting and/or make
wri tten or verbal representat i on ei ther in support 01' or in
opposition to the proposed zoning by-law amendment.
ADDITIONAL INFORMATION relating to the proposed zoning
by-law amendl1ent is available for inspection between 8:30 am.
and 4:30 p.m. at the Planning Department, Municipal Offices,
Ha~pton, Ontario.
r- AREA OF PROPOSED REZONINGI
I LOT 16 LOT 15 LOT 14
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DATED AT THE TOWN OF
NEWCASTLE
THIS 14th DAY OF
AUGUST 1985.
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Town of Newcastle
40 Temperance Street
Bowmanvi1le, Ontario
L1C 6A3
60.35.254.
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