Loading...
HomeMy WebLinkAboutPD-71-99 v '" ~~ ON: pb+71-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Report #: PD-71-99 FILE #: ZBA 99-006 File i])l~ 1f3R Cfl-ttJb Res. tt0m-~7-qq By-law # Cfl- g'f Meeting: General Purpose and Administration Committee Date: Monday, June 21, 1999 Subject: REZONING APPLICATION APPLICANT: ROBERT & HELEN SHERMAN PART LOT 29, CONCESSION 2, FORMER TOWNSHIP OF CLRKE 684 REGIONAL ROAD 17, NEWCASTLE VILLAGE FI LE: ZBA 99-006 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-71-99 be received; 2. THAT the rezoning application ZBA 99-006 to amend the Zoning By-law 84-63, as submitted by Newcastle Fellowship Baptist Church, on behalf of Robert and Helen Sherman, to permit the development of a place of worship with ancillary uses be APPROVED as shown on Attachment #3 and that the appropriate by-law be passed; 3. THAT a By-law to remove the (H)-Holding Symbol be forwarded to Council at such time the applicant has entered into a site plan agreement to the satisfaction of the Municipality of Clarington; and, . 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: 1.2 Agent: 1.3 Rezoning: Robert and Helen Sherman Newcastle Fellowship Baptist Church To rezone the subject lands from "Agricultural (A) Zone" to permit the development of a place of worship with ancillary uses. , 1 .4 Site Area: 2.30 hectares (5.68 acres) , REPORT NO.: PD-71-99 PAGE 2 2. 2.1 3. 3.1 3.2 3.3 4. 4.1 4.2 LOCATION The subject lands are located at 684 Regional Road 17 on the west side of the road, within the Newcastle Village Urban Area. The applicant's land holdings total 2.30 hectares (5.68 ac). The legal description is Part Lot 29, Concession 2 in the former Township of Clarke. BACKGROUND On February 15, 1999, Newcastle Fellowship Baptist Church, on behalf of Robert and Helen Sherman, submitted rezoning and site plan approval applications to the Municipality of C1arington. The applicant proposes to develop a place of worship with ancillary uses on a 2.30 ha property. This property is located north of the developed portion of Newcastle Village. The church would relocate from their current facility at 396 Mill Street North. The applicant had previously filed a rezoning application in 1996 (DEV 96-009) on behalf of Stephen Holliday approximately 1 km. north of the current location. For various reasons, the applicant has decided to close that file and proceed at this location. A statutory Public Meeting was held on March 29, 1999 to obtain public input from adjacent residents. No members of the public attended this meeting. The agent made a presentation of the application to Committee. No development inquiries have been received from the public. EXISTING AND SURROUNDING USES Existing Uses: Vacant land Surrounding Uses: East North - West - South - Rural residential and agricultural Rural residential Wooded area Rural residential 117 REPORT NO.: PD-71-99 PAGE 3 5. OFFICIAL PLAN POLICIES 5.1 The lands are designated "Living Area" within the Durham Region Official Plan. A place of worship is permitted within this designation. The Region has indicated that the application appears to conform to the policies. 5.2 Within the Clarington Official Plan, the subject lands are designated "Future Urban Residential". A place of worship is permitted within an urban residential designation. Although these lands are not currently required for urban residential uses, approval of the application would not jeopardize future development in the area subject to the conditions contained in Section 8.4 of this Report. A rezoning application (DEV 96-009) was previously submitted before the official plan was approved. Although that application was not approved, it has been the church's intention to proceed with an application in the area. As a result, this proposal is deemed to conform to the Official Plan. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural Exception (A-l )". As the proposed use is not permitted, the applicant has submitted a rezoning application for consideration. 6.2 Although the rear portion of the property is zoned "Environmental Protection (EP)", no development will occur in this area. 7. AGENCY COMMENTS 7.1 The' application was circulated to various public agencies for comment. The Durham Region Planning Department, Ministry of Transportation, and Ontario Hydro have no objections to the proposal. 118 REPORT NO.: PD-71-99 PAGE 4 7.2 The Clarington Public Works and Parks Divisions have no objections to the proposal provided that the applicant enters into a site plan agreement with the Municipality. 7.3 Comments provided by the Clarington Building Division can be addressed at the site plan approval phase. Issues include fire protection and access, location of fire hydrants, and barrier-free access. 7.4 The Clarington Fire Department has no objections provided that the turning radius is increased to permit access for the aerial truck. 7.5 The Durham Region Public Works Department has no objections to the development provided that the following requirements are fulfilled. . No sanitary services are available nor has an extension of sanitary services north of the CPR railway been budgeted for in the capital works program. . A 200 mm watermain is available to the property. A private on-site booster pumping station and additional water storage may be required for fire fighting purposes. . The entrance onto Regional Road 17 does not meet Regional standards. The Region requires an 8.0 m wide entrance with an entranceway radius of 9.0 m. . Regional Road 17 is designated as a Type "B" arterial road. A sufficient road widening for a minimum of 15 m from centreline of the original right-of-way is required. 119 REPORT NO.: PD-71-99 PAGE 5 . The Region has a 7.62 m easement registered over the entranceway to the property that provides access to an abandoned Regional well abutting the lands. The applicant should contact the Region's Real Estate Division with respect to the access easement. 7.6 The Durham Region Health Unit requested a site servicing plan from the applicant to determine septic requirements for the proposal. The Health Unit has approved a revised servicing plan in principle. 7.7 The Ganaraska Region Conservation Authority has no objections in principle to the proposal. Lot grading and stormwater issues can be addressed at the site plan approval phase. 8. STAFF COMMENTS 8.1 It has been determined that the proposed development is in excess of 50 m from the top-of-bank of the stream located at the western extent of the property. An environmental impact study under Section 4.3.8 of the Clarington Official Plan is not required. 8.2 The proposed Zoning By-law provides specific development standards for the proposed use. The regulations deal with lot area and frontage, yard setbacks, and building height. A reduced parking space size is also permitted when the space is perpendicular to a landscaping strip that has a minimum width of 3.0 metres. The regulations also permit a future expansion of the facility. 8.3 The Durham Region Planning Department had noted in its comments that the area could have some potential for archaeological remains due to its proximity to Foster Creek. An assessment would have been required to determine the site's potential for archaeological remains. Discussions between the applicant and the Region /20 REPORT NO.: PD.71.99 PAGE 6 highlighted that Foster Creek is a minor watercourse. As the proposal is not in proximity to a registered archeological site or major watercourse, the Region feels that the proposal will not raise a heritage concern. 8.4 Due to the location of this site within the Future Urban Residential lands, a neighbourhood design plan has not been undertaken. The church site forms a barrier to connect the future residential lands north and south of the site. The existing strip residential development on Mill Street limits opportunities for future road access. This could lead to servicing and access problems for the development of the lands to the north, in particular. Accordingly, staff requested that the Church provide to the Municipality an option to purchase certain lands at a nominal cost for a future road to be constructed to access interior lands. The approximate location of these lands are shown on Attachment #2. Representatives of the Church are agreeable to provide this option to the Municipality provided that there would be opportunities to connect to future full urban services installed on this road. The details of the option agreement would be worked out through the site plan process. 8.5 Two easements are registered across the front driveway area of the subject lands. These provide access to the abutting residence to the north and the Durham Region property containing the former well. Staff will ensure that suitable access to these properties is maintai ned through site plan approval. 8.6 Although the site screening questionnaire did not raise any concerns about on-site contamination, an above-ground gasoline storage tank is located on the adjacent property to the north. An engineering firm conducted environmental soil samples /21 REPORT NO.: PD-71-99 PAGE 7 to determine whether any fuel had contaminated the subject lands. Based on laboratory tests of the soil samples, it was determined that the future church site had not been contaminated. 8.7 The subject lands are located within a Future Residential Area for which detailed land uses have not been determined. The Municipality strives to acquire lands, through development applications, that are designated Environmental Protection. These areas may be used in conjunction with future Neighbourhood Parks and/or trail networks. The Municipality's parkland dedication by-law requests the gratuitous dedication of all valleylands within or adjacent to urban areas to the Municipality free and clear of all encumbrances. In addition, an easement across the subject lands will be required in favour of the Municipality for maintenance purposes. The exact area subject to dedication, including the easement area, will be determined through site plan approval. 9. CONCLUSIONS 9.1 Based on the comments contained in this report, it is respectfully recommended that the by-law provided in Attachment #3 to permit the development of a place of worship and ancillary facilities be APPROVED. The applicant will be required to enter into a site plan agreement and option agreement prior to the removal of the (H) Holding Symbol and issuance of a building permit. 722 REPORT NO.: PD-71-99 Respectfully submitted, Reviewed by, o~~~ D. i Cmme,M.C.I.P., R.P.P. Director of Planning & Development Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. RH*DC*df 4 June 1999 Attachment #1 - Key Map Attachment #2 - Proposed Site Plan Attachment #3 - Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: ATTACHMENT '1 _ SUBJECT SITE LOT 30 LOT 29 LOT 28 CONCESSION ROAD 3 ~ w > I"- 0:: Cl ...... 0 0 I 0 <( I 0 0 N ~ 0:: I ....J ....J <( I w z CD 0 0 '-' en w 0:: en W U Z 0 U NEWCASTLE VILLAGE KEY MAP ZBA. 99-006 SPA. 99-009 I ;1 i ," _+ Cl <( 0 cr LU cr :J I- ... :J LL " cr 0 " LL Cl " Z <( " ....J Z " 0 h:: " ~ 0 , " " " , -, " .I \ " i I I I I I ", oJ. I I I I I I I " I t t-IOl%3:>>;o::;l'"t ON'\>' \l'~ 1>.lO1 N33lll3la ~lW d'VQ"/oI u "'" Q'\>'0i0j a..i'1'~nc ;f._n. ----------~-------r---- " I I I I I I I I I I " I I ----------~-------~ I I I .... "., .... .... "'" ...... ..~ .. I _ _ _ _~:: u:':._ __ _ _ _ _ u n-"" " --Z-- '\. _'.. ~ \ ...-\. . . . ..... .... .... ~ ~ ~ : . . .. ... -~-.~:~~ .\ " - '\\\ .. \. " ", ..... ,......' ..~ .. ..... -- :/:,1 ...../,-" /1 I " . /:< //f1", , -\':./_-'~.:_.:_.:_.:J, ."..~_.... -..... ...\ { : "1- ~r-""----:::;J :1 J .. :.. ' ,r I II I " , :1 I I :'---1-'--"'- : , : I J. ~...... .... r- , , :, .,....1- , , , , , , , I I ,..;;.;....-- , _/ /~ , " .~ .. .' -- '" ~ ~'- 1.. '!II :111 i'!II'I!1 II: .1,1 , I ,...;':---- / " .. .. .,.:;.-- ..::.--:----- .. .. .. .. .. --, '" " " '" ". zl :s' ~l .... ~ ~ @ " / ,I / ./ .~-- N ATTACHMENT /12 III dj IIh II ~ CD I ~ ~ I . 0 ~. ~ U ,i'i ~~ l' I I 0 ~t; ! :>::-~!::i I ~~ . O!!.] I ~ 011 0) ~~ I: J ~~! ill 0) ~~ Il ~ h . I, ~ Ii IIi lllj: , In ~lil Iii! !"il! Ill! N ~I!l ~tll. ~1!1!l' I!i'!! .1 .Ii ! II!! i I!l!llllhlll Ii! Illl i1,blli ,d... ~ 'I ' ~ I il" f I' ~. j' i I I d ,II r! if l~ ".1 ~ I' .j!i j' I~ ij~ !~ III 1111 ,i I " ~~!I, I' II !li !~i~M!III,l! I" r ~l. II Ill! ..-i ~I t~ lllllllll -" .... ~'giUHn: Ii' l" ! I~ >- ~lll i I,. >- :1 n!lll 1: r ,'., - -1.11 !Il'!'il :nl 1:'1111 ,Ii i ( ) THE CORPORATION OF THE MUNICIPAlITY OF CLARINGTON BY-LAW NUMBER 99- ATTACHMENT .3 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to amend Zoning By-law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application ZBA 99-006 to permit the development of a place of worship with ancillary uses; NOW THEREFORE BE IT RESOL VED THAT, the Counci I of the Corporation of the Municipality of C1arington enacts as follows: 1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (AI ZONE" is hereby amended by introducing a new Subsection 6.4.60 as follows: "6.4.60 AGRICULTURAL EXCEPTION (A-601 ZONE Notwithstanding Sections 3.15, 3.20(al, 6.1, 6.2 and 6.3, those lands zoned (A-60) shall only be used for a place of worship with ancillary uses subject to the following provisions: a) Definitions i) Landscaping Strip Shall mean an area of land with a minimum width of 3.0 metres used for anyone or more of the planting of trees, shrubs, flowers, grass or other horticultural elements, such as decorative stonework, fencing or screening. b) Regulations i) Lot Area (mini iil Lot Frontage (mini iii) Front Yard (mini iv) Interior Side Yard (min) vi Building Height (maxi vi) Setback from EP Zone (min) vii) Lot Coverage (max) viii) Landscaped Open Space (min) ix) Parking Space Size xl Entrance setback from a residential side yard Jolline 2.0 hectares 15.0 metres 20.0 metres 8.0 metres 12.0 metres 20.0 metres 15% 30% 5.2 metres in length by 2.75 metres in width provided that such a space is perpendicular to a landscaping strip 1.0 metre , i / '! - 2 - 2. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1) Zone" to "Holding - Agricultural Exception ((H)A-60) Zone" as shown on the attached Schedule 'A" hereto. 3. Schedule U A" attached hereto shall form part ofthis By-law. 4. 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, R.S.O. 1990. 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 7 I r/ . . This is Schedule"A" to By-law 99- , passed this day of ,1999 A.D. l" N.E. Angle of ~ Lot 29, CON. 2 o! "' :is,,, LOT 29 , CONCESSION 2 ~:? ~ "(0': 2 "- ~O Nn"01 'OO"E "'" l" ~ ", f-- Nn"04'40"E 230.68 ----I 68.76 ~ i 0 z ~ ",p ~ 'V 'V 'V 'V 'V ~" '0 'V 'V 'V 'V 'V 'V 0" ~ l"T l" 68.76 "'co 'V 'V 'V 'V 'V 'V 'V 'V 'V 'V 'V lfl Z DO V'VVV'V 0;:- ~ :Om ". 'V 'V 'V 'V 'V 'V --;0 f;:1 lfl~ V""'\IV ~~ 10" "" Q;: VV'V"il'V'V zl V'V'V'V'VV'V'V z N71"57'10"E 228.33 mZONING CHANGE FROM "A-1" TO "(H)A-60" ~ZONING TO REMAIN "EP" Mayor o 25 SOm -___- I 50m 0 Clerk ~ '" C> C> o o ~ w m _ SUBJECT SITE LOT 30 LOT 29 LOT 28 CONCESSION ROAD .3 I_f). . 11(.)) -.-. I Ii I/,/ii' I / / i! Ir I' / / -~-I '\7/// ~ ~r / / I I I I N I z 0 Iii I (f) w u z 0 u , r NEWCASTLE VILLAGE ci