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