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HomeMy WebLinkAboutPSD-095-07 Cl![-i!JglOn REPORT PLANNING SERVICES PUBLIC MEETING Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE +;~ollAt?on -*E; Pit.,. 5\ 0 ~ 07 Meeting: Tuesday, September 4, 2007 Report #: PSD-095-07 File #: ZBA 2007-0029 and COPA 2007-0009 By-law #: Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS TO PERMIT A PLACE OF WORSHIP, ASSOCIATED DAY CARE FACILITIES, PARKING LOT AND PLAYING FIELDS APPLICANT: THE DURHAM CHURCH NETWORK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-095-07 be received; 2. THAT the applications submitted by The Durham Church Network for Official Plan and Zoning By-law Amendments, be referred back to Staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: r\ ~~~ F~lin Wu Chief Administrative Officer BRlCP/DJC/sh/df August 28, 2007 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-095-07 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: David Fowler in Trust of the Durham Church Network 1.2 Owner: (same as applicant) 1.3 Official Plan Amendment: To permit a site specific exception in the Rural Residential Cluster and the Green Space designations for a Place of Worship, associated day care facilities, parking lot and playing fields. 1.4 Rezoning: To permit a site specific exception in the Rural Cluster and Agricultural Zones for a place of worship, associated day care facilities, parking lot and playing fields. 1.5 Area: 3.8 hectares (9.38 acres) 1.6 Location: 1437 Taunton Road, being in Lot 35, Concession 4, former Township of Darlington (see Attachment 1). 2.0 BACKGROUND 2.1 On May 11, 2007, David Fowler in Trust of the Durham Church Network submitted official plan amendment and rezoning applications seeking permission for a place of worship, associated day care facilities, parking lot and playing fields. A future application will be made for site plan approval should the proposed Official Plan and Zoning Amendments be successful. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property is located in the southwest quadrant of Taunton and Fices Roads. The parcel is L-shaped, wrapping around three single detached residential lots located at the southwest corner of the above intersection. The property is currently occupied by a single detached dwelling, accessory building sheds, a barn, a silo and hayfield. The remainder of the property is valleyland for a tributary of Harmony Creek (see Attachment 1). 3.2 The surrounding uses are as follows: North - eastern portion - three single detached dwellings western portion - Taunton Road and beyond, a rural residential dwelling South - cropland and a rural residential dwelling East - cropland West - cropland and rural residential dwellings REPORT NO.: PSD-095-07 PAGE 3 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement Properties in the rural area, according to the Provincial Policy Statement (PPS), can accommodate limited residential development and other rural land uses. The PPS requires development be appropriate to available or planned infrastructure. Rural uses must comply with the minimum distance separation formulae. The applicant has submitted an agricultural report noting compliance regarding minimum distance separation and no interference with nearby agricultural uses. Natural features and areas be protected for the long term. The Environmental Impact Study will ensure all development is outside of and suitably buffered from the Harmony Creek Tributary Valleylands Environmental Protection Area. 4.2 Greenbelt Plan The property is in the rural area of the Protected Countryside. Rural area policies support and provide the primary location for a range of uses including institutional. A place of worship along with day care facilities and playing fields is consistent with these policies. The general non-agricultural use policies of the Greenbelt Plan apply. These policies state such uses must demonstrate appropriateness for a rural area and appropriate water and sewer servicing. 5.0 OFFICIAL PLANS 5.1 1991 Durham Reaional Official Plan This Plan designates the property as Major Open Space Area and it recognizes residential clusters as identified in area municipal Official Plans and Zoning By-laws. REPORT NO.: PSD-095-07 PAGE 4 Cultural facilities of a religious nature are encouraged to locate within urban areas but are permitted in any designation except Permanent Agricultural Reserve and General Agricultural Area. The proposed use with its location is permitted. Such uses shall be directed to locations that are visible and accessible to residents of the Region, preferably in close proximity to existing and future transit routes. Rural residential clusters are not to be zoned on Type A arterial roads such as Taunton. However the zoning of the Taunton cluster preceded this policy. Development in Residential Clusters is to occur on private services. The new Regional Official Plan (Amendment No. 114, adopted September 13, 2006) permits religious facilities in Urban Areas and if appropriate in scale, in Hamlets. This amendment does not allow religious and day care facilities to be located outside the urban area given possible land use compatibility issues and blurring of distinction between urban and rural areas, especially for facilities located on the urban fringe. Therefore, the proposed place of worship and day care uses would not conform to Section 5.2.1 of the Regional Official Plan, as amended by Amendment No. 114. 5.3 Clarinqton Official Plan The Clarington Official Plan designates the property as Rural Residential Cluster, Green Space and Environmental Protection Area. These designations do not permit a place of worship, associated day care facilities, parking lot and playing fields and hence the official plan amendment application, to permit these uses on a site-specific basis in the Rural Residential Cluster and Green Space designations. Places of worship are considered community facilities but such facilities are encouraged to locate in urban areas and hamlets. The Environmental Impact Study will look at protection including buffering of environmentally significant areas and functions on and abutting the property. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the property "Rural Cluster (RC)", "Agricultural (A)" and "Environmental Protection (EP)". These zones do not permit the proposed use, hence the application for amendment. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public notice was given by mail to each landowner within 120 metres of the subject property. Public notice signs were installed on the property's two frontages, one on Taunton Road and one on Fices Road, 21 days prior to the public meeting date. 7.2 As a result of the public notification process, to date, the Planning Services Department has received no inquiries or comments. REPORT NO.: PSD-095-07 PAGE 5 8.0 AGENCY COMMENTS 8.1 Comments have been received from the majority of the circulated departments and agencies. 8.2 Clarington Emergency and Fire Services noted on-site water for firefighting purposes may be required, and additional comments dealing with the future site plan submission were also provided. 8.3 Clarington Operations noted a culvert off Fices Road is required and will measure 30' X 18", and a storm water management plan and a lot grading plan, certified by an engineer will be required. 8.4 Clarington Building Division expressed no concern with the official plan amendment or the rezoning and stated comments on fire routes and firefighting water supply will be made during the site plan approval process. 8.5 Clarington Engineering Services stated no objection in principle and that additional comment on the proposed development will be provided at the site plan approval stage of the development process. 8.6 Central Lake Ontario Conservation Authority noted the property is in their regulated area and approval from the Authority is required prior to any development occurring on the property. The western portion of the property has also been identified by the Authority as a wetland area based on the Ecological Land Classification system. An Environmental Impact Study (EIS) will be undertaken for the property to identify any significant features, determine the extent of any constraints on the property with respect to hazards, ensure any impacts that may occur from the proposed development are minimized as much as possible and determine any areas on the property where development could occur with little to no impacts on the identified features or hazards. While the authority has no major objections to the proposed development, until the Environmental Impact Study is completed and submitted for review and approval, the Authority is not in a position to support the approval of the applications. When the future site plan approval application is submitted, the Authority requires: a sediment and erosion control plan indicating the means by which sediment will be dealt with before, during and after construction; a site grading plan; a site servicing plan; a storm water management plan showing means by which water quality and quantity for the site will be addressed. 8.7 The Regional Planning Department commented that the property is subject to the Greenbelt Plan's rural area policies which provide for a range of uses including institutional which would permit the proposal subject to the Natural Heritage System policies, and Clarington's Environmental Impact Study, now underway. The Department commented the property is designated "Major Open Space" in the Regional Official Plan. Predominant uses within Major Open Space do not appear to include places of worship. Section 5.2.1 encourages religious and community facilities, including day care centres, to locate in Urban Areas although these uses are permitted REPORT NO.: PSD-095-07 PAGE 6 in any designation except for the Permanent Agricultural Reserve and General Agricultural Area. The new Regional Official Plan (Amendment No. 114, adopted September 13, 2006) permits religious facilities in Urban Areas and if appropriate in scale, in Hamlets. This amendment does not allow religious and day care facilities to be located outside the urban area given possible land use compatibility issues and blurring of distinction between urban and rural areas, especially for facilities located on the urban fringe. Therefore, the proposed place of worship and day care uses would not conform to Section 5.2.1 of the Regional Official Plan, as amended by Amendment No. 114. The property will have to rely on private services and access to the proposed place of worship is to be from Fices Road only. As a condition of site plan approval, a Taunton Road widening will be required. An Archaeological Assessment has been done recommending complete clearance of the subject property unless the applicant proposes alteration to the existing 19th Century farmhouse which would require a built heritage assessment first. An Agricultural Assessment with its positive conclusions was also noted. This Local Official Plan Amendment is not exempt. 8.8 Durham Region Health Department stated no objections but noted that a new sewage disposal system will be required for the church. 8.9 Durham Region Transit offered no objections to the proposed application. 9.0 STAFF COMMENTS 9.1 Although not encouraged, the Regional Official Plan which is currently in force would allow a place of worship in a Residential Cluster. Regional Council policy, however, as reflected in its adoption of Amendment No. 114 to the Durham Regional Official Plan would not permit the proposed use with its location in a residential cluster. 9.2 Residential Clusters are not to be located adjacent to a Type A arterial road such as Taunton Road. Given the existing zoning, this Residential Cluster exists adjacent to a Type A arterial but access would be restricted to Fices Road. 9.3 The applicants have chosen to submit applications for OPA and ZBA only, at this time to deal with the principle of development. Should these applications be successful, application for site plan approval will be submitted. As a result, the Environmental Impact Study has correspondingly been divided into two parts. Part 1 will focus on opportunities and constraints on the property regarding the Harmony Creek tributary valley lands, specifically, general functions and significance of the natural heritage features, location and extent of the natural heritage features, and location of lands to be preserved in their natural state. Part 2 will be initiated when the detailed proposal - the site plan approval application is submitted. Part 2 will focus on the potential impacts of the proposed development on the natural heritage features and their functions, identify REPORT NO.: PSD-095-07 PAGE 7 mitigating measures to address the negative effects of the development on the natural heritage features and their functions and the potential for restoration/creation of wildlife habitat and examination of cumulative impacts of development on surface water and groundwater. 9.4 The Agricultural Assessment submitted in support of the applications concludes that the proposal will have no loss to agricultural production and that the Minimum Distance Separation Formulae for new development will be complied with. 9.5 While much of the proposed development is within the zoned Rural Cluster, a portion of it is outside on lands designated as Greenspace. As a result, the approval of this application would effectively expand the Rural Residential Cluster. 10.0 CONCLUSION 10.1 The purpose of this report is to provide information for the Public Meeting required under the Planning Act. Staff respectfully requests that this report be referred back to staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Property Map and Site Location Key Map Attachment 2 - Air Photo with Key Features of Area Attachment 3 - Proposed Clarington Official Plan Amendment List of interested parties to be advised of Council's decision: David Fowler In Trust of the Durham Church Network Tunney Planning ...,. ... ~ c i .5 "t: .. C .. .. E .. o !!:. ... .. ::Ii c o '" .. " o ..J ~ .. ... l! ... ~ avo~ S3~1:l ...' UUn. .......". ,,,,.... _ Un' , 0' !, II , I " I ~ ~ w ~ ~z L --.J WW ~~ ! ~ '<t "C ~ '" 0- &. ~ 9 _x'---x ~ '" 1ii . DNlallnS 0 z V3>IV A V1d i1 <:: """"AVO a3S0dO~d ~ 0 "0, ':.--x_x CJ) c:: E al .r::. ... " e. el <C 0 c:: z 0 I- Z ~ ~ ..., ""-0.' I I- Z w :2 o enz NW 0:2 9<( g~ N, <c> mill Nt:) z Z o N ...,- lMlII Attachmenl1 To Report PSD-095-07 .. <:: Gl E "C C en ~ 8<( o c ...:.,.!!! oD.. o- N ,!!! u <CiE D..O o c o 0 .. Cl C 'C '" (3 -::-'.:"'-- 1'1 1'\ \~ , o 'I ~ (, ()O .' c'Jkb ~ At, ""0 ..ll: .. o .....! o Gl ..z 1II.c " u ... .. I- " C.c ';:U ..!!! E ~ IV o.c II.. 5 "Co 1; Gl ot: i,; Gl C ~ o = : : ~ Attachment 2 To Report PSD-095-07 ZBA 2007 -0029 Attachment 3 To Report PSD-095-07 PROPOSED AMENDMENT TO THE CLARINGTON OFFICIAL PLAN DURHAM CHURCH NETWORK PURPOSE: The purpose of this amendment to the Clarington Official Plan is to modify the land uses permitted in Green Space and Rural Residential Cluster to allow for a Church, Day Care uses. LOCATION: Lands subject to this amendment consist of Part of Lot 35, Concession 4, the former Township of Darlington, located in the South West Quadrant of Taunton and Fices Road. BASIS: The Durham Church Network application to permit a Church, Day Care, associated Parking and Playing fields in the Rural Residential Cluster and Green Space is the basis of the Official Plan Amendment. ACTUAL AMENDMENT: The Clarington Official Plan, Section 14.5 is hereby amended to add the additional policy of "Notwithstanding Section 14.5.1 and 14.5.2, a church, daycare, parking area and playing fields shall be permitted on the lands located within Part of Lot 35, Concession 4, former Township of Darlington." The Clarington Official Plan, Section 12.6 is hereby amended by adding the additional policy of "Notwithstanding Section 12.6.1 a church building shall be permitted on the property known as 1437 Taunton Road in Part of Lot 35, Concession 4, former Township of Darlington." IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan shall apply to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan shall apply to this Amendment.