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Home My WebLink AboutPD-5-99 .... DN, PD-S-99 " THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~ REPORT Report #: PD-5-99 FILE #: DEV 89-078 File # "DILl .L:>e..o. \3'707 8" Res. # C:>PA -'1) 8'1 By-law # 99-:2./ Meeting: General Purpose and Administration Committee Date: Monday, January 4, 1999 Subject: REZONING APPLICATION APPLICANT: TRULLS ROAD FREE METHODIST CHURCH PART LOT 30, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON FILE NO.: DEV 89-078 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-5-99 be received; 2. THAT the application to amend Comprehensive Zoning by-law 84-63 of the former Town of Newcastle, submitted by the Trull's Road Free Methodist Church, be APPROVED and the "Holding (H)" Symbol be removed by By-law upon execution of a Site Plan Agreement; 3. THAT the amending By-law attached to Report PD-5-99 be forwarded to Council for approval; 4. THAT a copy of Report PD-5-99 and the 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. 1. APPLICATION DETAILS 1.1 Applicant: Trull's Road Free Methodist Church 1.2 Rezoning: From "Agricultural (Ai" to "Holding - Urban Residential Type One ((H) R1)" to permit the expansion of an existing place of worship onto an abutting property in the applicant's ownership. 6~iDJ .' , REPORT NO.: PD-5-99 PAGE 2 1.3 Area: 1.6 ha (4.0 acres) 2. LOCATION 2.1 The subject lands are located in Part Lot 30, Concession 2, former Township of Darlington, on Trulls Road, south of Highway No.2; more specifically at 2283 and 2301 Trulls Road, in Courtice. 3. BACKGROUND 3.1 The original application for rezoning was received on May 29, 1989. Review and discussion of this application revealed that there were two phases of the application. Phase 1 would be an extension of the existing church, solely on the lot it was located on and Phase 2 which would entail the expansion of the church onto the abutting parcel to the south which is also in their ownership. Phase 1 was successfully completed by means of obtaining a minor variance from the Committee of Adjustment and entering into a site plan agreement with the Municipality. This agreement was registered November 6, 1989. By correspondence, the applicant has kept this file active until they were ready to continue with Phase 2. In June of 1998, the Municipality received a letter from the applicant confirming they were ready to begin the rezoning and site plan agreement process required for Phase 2. New drawings for the proposal were submitted in late July 1998. 3.2 The first Public Meeting was held October 23, 1989. Due to the length of time elapsed since that meeting and the extensive development that had occurred from Sandringham Drive to the. north side of the church property in recent years, it was Staff's opinion that a second Public Meeting was required to satisfy the requirements of the Planning Act. 641 L > REPORT NO.: PD-S-99 PAGE 3 A second Public Meeting was held on August 31, 1998 for the rezoning of this parcel. No delegations appeared nor were any concerns raised. 4. 4.1 EXISTING AND SURROUNDING USES Existing Uses: Existing church located at 2301 Trulls Road Existing dwelling located at 2283 Trulls Road 4.2 Surrounding Uses: East North - South - West - vacant agricultural lands residential (Plan of Subdivision 40M-1902) residential residential 5. OFFICIAL PLAN POLICIES 5.1 Within the 1991 Durham Region Official Plan, the subject property is designated "Living Area". lands designated as such shall be used predominantly for housing purposes and may also permit certain public and recreational uses which are compatible with their surroundings. The application conforms. 5.2 Within the Clarington Official Plan, the subject lands are designated "Urban Residential". The predominant use of lands within this designation shall be for housing purposes. Other uses may be permitted, including community facilities, which includes a place of worship. Community facilities are encouraged to locate in urban areas to enable easy accessibility by the majority of the population and, where possible, to utilize full municipal services. The application conforms. 6. ZONING BY-LAW PROVISIONS 6.1 The current zoning of the subject property is "Agricultural (A)". This zoning does not reflect the designation in the new Official Plan, and as such would only permit an existing place of worship. Expansion onto the abutting lot to the south, in the 642 .I , REPORT NO.: PD-5-99 PAGE 4 ownership of the Trull's Road Free Methodist Church, would require a zoning amendment. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within the 120 metres of the subject site and a public notice sign installed on the lands. 8. AGENCY COMMENTS 8.1 The application was circulated to obtain comments from other departments and agencies. 8.2 The Clarington Public Works Department has no objections to the proposal subject to the following conditions: . The applicant must provide a 5.18 metre road widening to the Municipality along Trulls Road. The required road dedication must be provided to the Municipality free and clear of encumbrances; . The applicant must provide a 10 metre by 10 metre sight triangle to the Municipality, at the intersection of Trulls Road and the Future Arterial Road (shown on Attachment #3), free and clear of encumbrances; . The applicant's engineer will be required to prepare a Grading and Drainage Plan that details conveyance of overland flow from this site. All on-site drainage must be conveyed to an approved outfall location. The final approved Grading and Drainage Plan must be compatible with the future urbanization of Trulls Road; . The applicant will be required to provide the Municipality with easements for the purpose of constructing underground storm sewers and related facilities. The easements required by the Municipality must be granted free and clear of encumbrances; 643 .. REPORT NO.: PD-5-99 PAGE 5 . The applicant must enter into a development agreement with the Municipality; . The applicant must provide a 2% cash contribution in lieu of the normal parkland dedication; and . The Building Division, will provide comments at the building permit stage. 8.3 The Clarington Fire Department has no objection subject to the following conditions: . The distance from the fire route to the principal entrance site should be from 3 metres to 15 metres; . Fire routes must be constructed to withstand the weight of fire fighting apparatus; . The turning radius is to be a minimum width of 6 metres with a 15 metre centerline radius OR a minimum width of 6.5 metres with a centreline radius of 12.5 metres; and, . The hydrant is to be located within 90 metres of the building perimeter. 8.4 The Durham Region Planning and Works Department have no objection subject to the following conditions: . The extension of municipal services require a 300-mm watermain to be extended from Wilkins Crescent (on Trulls Road) southerly across the entire frontage of the site. Also, a 200-mm sanitary sewer will need to be extended from the existing sewer located at Wilkins Crescent. All costs are to be born by the proponents. 9. STAFF COMMENTS 9.1 The proposed zoning amendment to permit the expansion of an existing church onto an abutting property located to the south is consistent with the policies of the 644 ~"v , REPORT NO.: PD-5-99 PAGE 6 Clarington Official Plan. The owner will be required to complete a site plan agreement with the Municipality prior to development. This agreement will provide details for servicing, grading and drainage, landscaping etc. 9.2 The application for rezoning and site plan for the Trull's Road Free Methodist Church is in compliance with The Avondale Neighbourhood Design Plan. Both lots the church is using for the existing and proposed expansion are shown as Hexisting church siteH on the plan. The proposed site plan indicates that the sight triangle required by the Clarington Public Works Department will be free of all buildings and structures. The permanent location of the entrance will be reviewed through the site plan process. 9.3 Staff recommend that a Holding HHH symbol be placed on the property to ensure that all conditions required by the various agencies and departments are met through the site plan approval process. 10. CONCLUSION 10.1 Based on the comments contained in this report, it is respectfully recommended that the rezoning application as contained be APPROVED. The applicant will be required to enter into a site plan agreement for the entire site at which time the Holding HH" symbol will be removed. 645 \ REPORT NO.: PD-5-99 PAGE 7 Respectfully submitted, Reviewed by, Or~~CD~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. Davi . Crome, M.C.I.P., R.P.P. Acting Director of Planning & Development SL *L T*DC*df 1 7 December 1998 Attachment #1 - Key Map Attachment #2 - Proposed Site Plan Attachment #3 - Avondale Neighbourhood Concept Plan Attachment #4 - Zoning By-law Amendment 646 ATTACHMENT '1 _ SUBJECT SITE LOT 31 LOT 29 LOT 30 COURTICE KEY MAP DEV. 89-078 047 a C"! C5 Z 0::: 0 W (f) () (f) I- W 0::: U :::::> Z o 0 () U I fi!l!r PI! ~., '", ' ~~ g (I ~ , ,~ ~~H ~ 5 ~ 5~;gg ~ l\~~~ ~ ~ ~ g~;\I!J' --l "fi1~ ~ ; ~ ~H~~ m 8 p ~ 0:1 > ) ~~8 ~ ~f;..p ~ g g~ i' p pSo~~ > " - ~ 0", > lJI i. ~~~" :; ~ 6M~" --l -l ~~V ~ ~!- ~ 1> lJo ~ @' ~"~~~I j :~:clq;~~~~~ lP ~~~J'p~p"'I -l ~~ e"'p UgSl',- ;'~!mlip.!1 [\ } I u{lp'P 0 ~\ '8: i tIil!illJ I ~I&~CS&~~=~' C.....~.. . 1.1 1m F~t~ ;h, n~ ~ ~~ "AO"O?lo'" .0."<>'''''0'''' rD ATTACHMENT '2 jj9!___J.UVLL~ "lO...C .c '.' 'rt-----.:....::..:~~- - ."..,:----- '\ I ---- I . . " i \'_ --- -- -.' 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SOl octlO(D ~ SEPoW,lI SCHOOL CJ PlAN REGISTIREO m'\iJ1IlW1"",_ Fn-l~ I I . A~ON DALE-NEIGH sou r~f~COO CONCEPT PLAN --j -~ ~l-I""lt.di ~tl: p a .lddl. .. A..oel....,.. , ~ ~~ ~:::~~:.;;~~'_;~ - _o~w;.~~~~~~E_ ~ """"~ 89097_; -~ Cp-2 ~":":~~ p l _..-, ....c '/II.C.C W,O.C ~,~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a By-law to amend the Comprehensive Zoning By-law B4-63 for the Corporation of the Municipality of Clarington WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend the Comprehensive Zoning By-law 84-63, as amended, of the Corporation of the former Town of Newcastle, in accordance with application DEV 89-078 to permit the expansion of the existing church onto southerly abutting lands. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Holding - Urban Residential Type One ((H) R1) Zone" as shown on the attached Schedule "A" hereto. 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provision of Section 34 of the Planning Act. By-law read a first time this day of 1999. By-law read a second time this day of 1999. By-law read a third time and finally passed this day of 1999. MAYOR CLERK bJO This is Schedule"A" to By-law 99- , passed this day of ,1999 A.D. . LOT 30 CONCESSION , S.W. Angle of Lot 67, Pion 40M-1902 c d ~ Cl::: ;;; 3: a o - ~ o (/') 10 -.J :5 z g: N 71' 36' 00" E 176.28 ~/A ZONING FROM "A" TO "(H)R1" o 1""'\-- - - 25m 0 25 5<lm , Moyor Clerk _ SUBJECT SITE COUATICE bj] 2 v v - '" 3: a o - o 10 z t