Loading...
HomeMy WebLinkAboutPSD-089-09Clari~ngt0ll Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 28, 2009 ~~~~~~~~ CPS-:~~~-aq Report #: PSD-089-09 File #: ZBA 2007-0029 By-law #: Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A PLACE OF WORSHIP, ASSOCIATED DAY CARE FACILITIES, AND PLAYING FIELDS APPLICANT: THE DURHAM CHURCH NETWORK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the folilowing: 1. THAT Report PSD-089-09 be received; 2. THAT the application submitted by The Durham Church Network for Zoning By-law Amendment continue to be processed including the preparation of a subsequent report following the receipt of the outstanding agency comments; 3. THAT Staff continue processing the Zoning By-law Amendment application; and ~-- 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: ~ Reviewed by: Da ~ J. Crome, MCIP, RPP a in Wu Director, Planning Services ~ Chief Administrative Officer BR/CP/df/av 22 September 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-089-09 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 Proposal: Rezone to permit asite-specific exception in the Rural Residential Cluster and the Green Space designations for a place of worship, associated day care facilities, and playing fields. 1.4 Area: 3.8 hectares (9.38 acres) 1.5 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 applications for Clarington Official Plan Amendment and Rezoning seeking permission for a place of worship, associated day care facilities, and playing fields. 2.2 An Environmental Impact Study was required as part of the processing of the three applications. Phase 1 of the Study focussed on the principle of development. Based on .the Phase 1 Final Report, Central Lake Ontario Conservation and the Municipality concluded that the development could be approved in principle. The Municipality and Durham Region approved the Clarington Official Plan Amendment in late fall of 2008 with the rezoning application deferred pending submission of the site plan approval application. On August 26, 2009, David Fowler in Trust of the Durham Church Network submitted an application for Site Plan Approval for the above-mentioned facilities. 2.3 Studies submitted with the site plan approval application were: hydrogeologic investigation report, septic system design report, design of stormwater management system report, and traffic impact study. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property is located in the southwest quadrant of Taunton and Fices Roads. The property 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 acre 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 REPORT NO.: PSD-089-09 ' PAGE 3 East - Fices Road and beyond, cropland West - cropland and rural residential dwellings 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 are to be protected for the long term. The Environmental Impact Study -Phase 1 has ensured 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 th rural area of the Protected Countryside. Rural area policies support and provide fo~ 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 proposals must demorhstrate appropriateness of the use for a rural area, appropriate water and sewer servicing and that there are no negative impacts of key natural heritage features and df key hydrologic features or the functions 5.0 OFFICIAL PLANS 5.1 Durham Regional Officjal Plan The 1991 Durham Regional Official 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. 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 Road. 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. Although the policies of Amendment No. 114 would not permit the development, they were not in force when the application was filed. REPORT NO.: PSD-089-09 PAGE 4 The 1991 Plan, in ford at the time of the application for an official plan amendment and for rezoning, was deemed to be the applicable Official Plan for consideration of the applications. Durham Region approved this non-exempt Clarington Official Plan Amendment in late fall of 2008. 5.2 Clarington Official Plan. This Plan designates the portions of the property as Rural Residential Cluster, Green Space and Environmental Protection Area. Through a site specificofficial plan amendment, a place of worship, associated day care facility and playing fields are permitted on this 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, 23 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. 8.0 AGENCY COMMENTS 8.1 Comments have not ben received from some of the circulated departments and agencies at the writing of this report. 8.2 Clarington Building Division comments focused on site plan matters such as barrier-free access and parking spaces. 8.3 Engineering Services noted that prior to final approval of the subject site plan the applicant will be required to satisfy Engineering Services regarding the following concerns and conditions: traffic, grading and drainage, and entrances. 8.4 Emergency and Fire Services noted the on-site water supply connection on the site plan drawing is to comply with Municipality of Claringtoh specifications and "No Parking Fire Route" signs are to be installed as per site visit. The secondary fire emergency route is to be accessible throughout the year even when there is snow accumulation. 8.5 Gentral Lake Ontario 'Conservation commented that the Stormwater Management Report generated a number of comments that need addressing or clarification prior to REPORT NO.: PSD-089-09 PAGE 5 approval. The Hydrog~ological Report was reviewed and general comments have been made, however, this report is to be peer reviewed by the Environmental Impact Study consultant to provide a comprehensive review. The Greenbelt Plan requires a minimum 30 metre Vegetation Protection Zone (VPZ) from the boundary of key hydrologic features such as Harmony Creek and its riparian wetland, which should be indicated on the site plan drawings. The Hydrologic Protection Zone (HPZ)Ishould be set back from the creek and wetland a minimum of 30 metres, whichever extends further. Currently, the Hydrologic Protection Zone Limit does not seem to be offset from either of these features. The Site Grading Plan shows that a portion of the side slopes of the parking area and the sports playing field are proposed within the erosion hazard limit. A number of issues related to slope stability and grades related to this were identified. A fisheries review is required to assess the ouffall channel, its construction and the associated impacts on fish and fish habitat. Related details are required for the review. Recommendations on .the plantings and mitigation measures to be used to limit the impacts on fish and fish habitat can be addressed in Phase 2 of the Environmental Impact Study. 8.6 Regional Works noted that municipal services aren't available in the area, necessitating private well and waste disposal, which must be approved by Regional Health. A Taunton Road widening, approximately 5 metres wide, must be conveyed. Access is to be through Fices Road only. The existing access on Taunton Road is for the existing residence only. Emergency access is to be from Fices Road. The driveway connection from the parking lot to Taunton Road is to be eliminated from the site plan drawings and Regional Works will ensure this is done prior to building permit issuance. 8.7 Regional Planning stated that the Regional Official Plan permits places of worship only in urban areas and hamlets. The Regional Official Plan, prior to Amendment 114, encouraged places of aNOrship in urban areas but permitted them in any designation but Permanent Agricultural Reserve and the General Agricultural Area. At the time the subject application was submitted, Amendment 114 was not in full force and effect. The related Clarington; Official Plan Amendment was considered in light of policies at the time of application ,submission. The property is within the "Protected Countryside" designation of the Greenbelt Plan and subject to the rural area policies. The west side of the property, the Igcation of a portion of Harmony Creek, is Greenbelt Natural Heritage System. A Phase 1 Environmental Impact Study identifying significant natural features and determining proposed land use feasibility was submitted for the Clarington Official Plan Amendment Application. The Phase 1 Study determined no development can occur in the westerly area. A Phase 2 Environmental Impact Study is to be done alongside the review of site plan to address site-specific issues arising from the development proposal. In addition, a hydrogeological evaluation will be part of the Phase 2 Study to address among other matters, Greenbelt Plan policies. REPORT NO.: PSD-089-09 PAGE 6 Provincial policies and delegated review matters were addressed through the Clarington Official Plan Amendment Application. The absence of municipal services. in the area necessitates a private. well and waste disposal system with the latter designed by a professional .engineer; according to Regional Health. Regional Works requires an approximate 5 metres widening of Taunton Road and that access be restricted to Fices Road with the existing access on Taunton Road restricted to the existing residence only. 9.0 STAFF COMMENTS 9.1 The approval of the Clarington Official Plan Amendment was for the principle of the proposed development on the subject property. The proposed rezoning and site plan implement the previously approved Official Plan Amendment. Phase 2 of the Environmental Impact Study (EIS) is required. The Phase 2 EIS will focus on: • the potential impacts of the proposed development on the natural heritage features and their functions; • identify mitigating measures to address the negative effects of the development on the natural heritage features and their functions; • the potential for restoration/creation of wildlife habitat; and • examination of cumulative impacts of development on surface water and groundwater. Central Lake Ontario Conservation is reviewing the hydrogeologic investigation report, the septic system design report, and the design of stormwater management system report, at this time, to scope the work required for the Phase 2 Environmental Impact Study (EIS). 9.2 While much of the proposed development is within the zoned Rural Cluster, a portion of it is outside on lands designated as Green Space. 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. Staff respectfully requests that this report be referred back to staff for further processing and the preparation of a subsequent report. Attachment: Attachment 1 - Property Map and Site Location Key Map REPORT NO.: PSD-089-09 List of interested parties to be advised of Council's decision: David Fowler in Trust of the qurham Church Network Elio and Catherine DelGobbo Bernhart E. Roth Greg Quinlan Karol Bobak Erika van Putten Jeff Vandercruysen Bill and Marguerite Skuce Craig Dalley Marcel Provenzano PAGE 7 Attachment 1 To Report PSD-089-09 c. ~ 3 ~ r t Z 3 of L cW G ~1 L Y W Z m O ~ W w m - -- N W H~ ~ ~ p Z c O ~ Q O ~ - W S L L U v o rL d o ~ Q E m ~ ` N J N Z LL - -- --- ~ _~~ ~ a ~ o - ------ m m d ~ D N ~ Z ~ ~ ~ ~ r O N d0 °' N a 3 o ~ a d`d021 S3~Id .. ,., ~ ~, _ o• I -H rc 0 > ~ _ ._ ~ _: > z ~ ~~ : \ ~ C p ~ ~a..... .... .,. ~ ~ ~ ~ pp w J Z j1 i ~ G ~ o ~ ~ Q JNIQllf18 a I a ~ w 43SOd02id ~~ ~w E z L avd ~ ,s (`I1 1 O s ~ - I Z .I. ~ ~ ~ O ~~ ~ ~ ~ Z ~ ~r O ~ ~ ~ ~ ~ ~_ ... ~-.o. .... } ....