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Home My WebLink AboutPD-116-93 THE CORPORATION OF THE MUNICIPALITY OF. CLARINGTON DN:PANTA.PM Meeting: PUBLIC MEETING General Purpose and Administration Committee File # D~e: Tuesday, September 7, 1993 # #: PD-116-93File#: DEV 93-023; OPA 93-008/0 Subject: OFFICIAL PLAN AMENDMENT, REZONING & SITE PLAN APPROVAL APPLICATION BELA & ILONA PANTA - PART LOT 13, BROKEN FRONT CONCESSION (A & B), FORMER TOWNSHIP OF CLARKE FILES: OEV 93-023 and OPA 93-008/0, Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-116-93 be received; 2. THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-Law 84-63 submitted by Michael Manett Planning Services Ltd. on behalf of Bela and Ilona Panta be referred back to Staff for further processing and preparation of a report subsequent pending receipt of all outstanding comments; and, 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION OETAILS 1. 1 Applicant: 1.2 Agent: Bela and Ilona Panta Michael Manett Planning Services Ltd. 1.3 Rezoning: From "Agricultural (A)", "Agricultural Exception (A-I)" and "Environmental Protec;:tion (EP)" to an appropriate zone(s) to permit proposed use. 1.4 Proposal: To develop a monastery, religious retreat and animal farm sanctuary within the existing buildings :J U RECYCLED PAPIER PAPER 11ECYClE TH~ IS PRIIJTEDO',[ RECYCLED PAPEH REPORT NO.: PD-116 -93 PAGE 2 1. 5 site Area: 90 hectares (222 acres) 2. LOCATION 2.1 The Panta lands, totalling an area of 90 hectares (222 acres), are located at 4272 Lakeshore Road along Lake Ontario between Morgans Road and Newtonville Road. The property in legal terms is known as Part Lot 13, Broken Front Concession (A & B), former Township of Clarke. 2.2 Although the property is 222 acres in size, it can be considered as two parts, divided by the Canadian Pacific and Canadian National Railway tracks and Lakeshore Road. The northern portion totals approximately 165 acres with frontages on Concession Road 1 and Lakeshore Road while the southern portion totals 57 acres with frontage on Lakeshore Road. 3 . BACKGROUND 3.1 On July 12, 1993, Michael Manett, of Michael Manett Planning services Ltd., filed an application with the Municipality of Clarington to amend the former Town of Newcastle Comprehensive Zoning By-Law 84-63. The purpose of the application 'is to change the current zoning from "Agricultural (A)", "Agricultural Exception (A-I)" and "Environmental Protection (EP)" to an appropriate zone or zones permitting the conversion of an existing 6,000 ft2 residential dwelling for use as a monastery and religious retreat and the conversion of an existing barn for the purposes of an animal sanctuary. 3.2 An application to amend the Durham Region Official Plan was also submitted by Michael Manett Planning Services Ltd. The amendment would bring the proposed use into conformity with the 1976 Durham Region Official Plan. (<. =iU j REPORT NO.: PD-116-93 PAGE 3 3.3 Although Bela and Ilona Panta are t~e actual property owners, the group interested in obtaining approvals is The Missionary Church of st. Francis of Assisi. This religious organization, based in Scarborough, ontario, wishes to develop a monastery, religious retreat and animal sanctuary within the existing buildings. No additions are proposed to the existing residential dwelling. However, internal renovations will be required to accommodate the chapel and appropriate quarters for the monks. The proposed monastery is intended to provide for the training and education of the church's monks to permit them to conduct work in other missions of the church. The retreat would allow church members based in the city to enjoy the country for short periods of time. The monastery is expected to house approximately 10 members on a continual basis. Services are provided by a 11m bored well and septic system. The existing barn has been retrofitted to accommodate the animal farm sanctuary. 3.4 A site visit was organized on July 30, 1993 at which time Staff members from the Planning and Development, By-Law Enforcement and Animal Control Departments were present. Members of the Church escorted Staff through the grounds including the renovated animal facilities which currently contains exotic animals such as lions, tigers, cougars, jaguars, leopards, primates, birds, reptiles and smaller mammals. The large animals are housed on the main floor with the lions and tigers having small outdoor runs extending south of the barn. The smaller animals such as the primates, birds, reptiles and smaller mammals are contained in the second storey of the barn. ]10 REPORT NO. PD-116 -93 PAGE 4 3.5 As the monastery, retreat and animal sanctuary buildings are located on the lands south of Lakeshore Road, the rezoning application would only affect this portion of the total holdings. The northern 167 acres would continue to be leased to neighbouring farmers for agricultural production. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: Single family residential dwelling and barn 4.2 Surrounding Uses: East: North: West: South: Agricultural uses and forest Residential uses and forest Agricultural uses Lake ontario 5. OFFICIAL PLAN POLICIES 5.1 within the existing 1976 Durham Region Official Plan, the subject lands are designated "General Agricultural Area", "Permanent Agricultural Reserve Area", "Major Open Space - Lands affected by section 12.3.3" and "Hazard Lands" with the majority of the property being designated for "Agricultural" purposes. Lands designated "Permanent Agricultural Reserve Area" permit only agriculture and farm- related uses which includes the raising of crops and livestock for food production, fruit production, nurseries and greenhouses, poultry, forestry, market gardening and agricultural retail sales stands. Lands designated as "General Agricultural Areas" permit additional uses including allotment and nursery gardens, riding and boarding stables, kennels, mink farms, golf courses and public fairgrounds. ] REPORT NO.: PD-116 -93 PAGE 5 The portion of the site along Lake ontario is designated "Major Open Space -Lands affected by section 12.3.3" which permits recreational uses such as campgrounds, parks and golf courses as well as residential infilling between two dwellings on the same side provided they are no farther than 300 feet apart. The "Hazard Land" designation recognizes a valley north of the shoreline. 5.2 According to the 1991 Durham Region Official Plan, the property is designated "Permanent Agricultural Reserve Area", "General Agricultural Area" and "Major Open 'Space with Environmentally Sensitive Area". "Permanent Agricultural Reserve Areas" permits agriculture and farm- related uses such as the raising of plants and animals for food production, raising of horses and nurseries with no retail component while "General Agricultural Areas" permit these uses as well as riding and boarding stables, kennels, allotment gardens, fur and sod farms, golf courses and fairgrounds. 5.3 The existing buildings within which the uses are proposed are located on lands designated "Permanent Agricultural Reserve Area". As the proposed use does not appear to conform with the policies of either document, the proponent has applied to amend the 1976 Durham Region Official Plan. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands contain a varied zoning pattern. The area north of Lakeshore Road is zoned "Agricultural (A)" and "Agricultural Exception (A-I)" while the area south of Lakeshore Road is zoned primarily "Agricultural Exception (A-I)" with a small pocket of "Agricultural (A)" adjacent to the Lake ontario. The area abutting Lake ontario is zoned "Environmental Protection (EP)". :11 2 REPORT NO.: PD-l16 -93 PAGE 6 6.2 The "Agricultural (A)" zone permits a single family dwelling, cemeteries and places of worship existing prior to the date of passing of this By-Law, conservation and forestry, farms, commercial kennels, fur farms, riding and boarding stables, public fairgrounds, seasonal farm produce sales outlet and private kennels. 6.3 The "Agricultural Exception (A-I)" zone permits a single family dwelling, cemeterie~ and places of worship existing prior to the date of passing of the By-Law, conservation and forestry, farms and a private kennel accessory to a permitted use. 6.4 The "Environmental Protection (EP)" zone permits recreational uses, conservation, forestry, wildlife reserves and sanctuaries, agricultural uses exclusive of buildings, flood and erosion control works and parking areas subject to approval from the conservation authority. 6.5 The portion of the site for which the uses are contemplated is zoned "Agricultural Exception (A-I)" and "Environmental Protection (EP)". As the proposed uses are not permitted within this zone, a zoning amendment and site plan approval application has been submitted by the applicant. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Pursuant to Council's resolution of July 26, 1982 and requirements of the Planning Act, R.S.O. 1990, the appropriate signage acknowledgin~ the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. 7.2 A number of general telephone and counter inquiries have been received by the Planning and Development Department i~ 'I' )1 ...,l REPORT NO.: PD-116 -93 PAGE 7 regarding this application. These people primarily asked for further clarification of the proposed uses. However, two individuals have voiced serious concerns about area safety in light of the presence of lions~ tigers and other exotic felines and animals. Questions regarding the impact of additional population on site services and the current legality of the use were also raised. Consequently, it was brought to their attention that the application was filed to rectify the question of legality. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. 8.2 Comments indicating no objections have been received from the following agencies: Municipality of Clarington Building Department Municipality of Clarington Fire Department Municipality of Clarington Public Works 8.3 The Ganaraska Region Conservation Authority has no objections to the proposal provided that the "Environmental Protection (EP)" zone along Lake ontario is increased to 123m. This recommendation is based on the Lake ontario Shoreline Management Plan (Sandwell Swan Wooster, 1990) which incorporates a 100 year erosion limit plus a stable slope allowance. They also request that the two watercourses on the property be placed within the "Environmental Protection (EP)" zone. 8.4 The Canadian National Railway has expressed its objection to the proposal on the basis that the existing road crossing is considered unsafe. It recommends deferral of the application until such time as an alternative access to the ~)I 4 REPORT NO;: PD-116-93 PAGE 8 subject property has been provided. Future development on the property is also expected to comply with their noise, vibration and safety standards. 8.5 Comments still remain outstanding from the following agencies: Municipality of Clarington By-Law Department Municipality of Clarington Community services Canadian Pacific Railway Durham Region Planning Department Durham Region Health Department Ministry of Agriculture and Food Ministry of Environment Ministry of Natural Resources 9. STAFF COMMENTS 9.1 As the purpose of this report is to satisfy the requirements of the Planning Act with respect to a Public Meeting, and in consideration of the number of outstanding comments and the issue of Official Plan conformity, it is respectfully requested that the report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Recommended for presentation to the Committee Lawrence E. Ko Chief Administr Officer RH*FW*df J I, ~ REPORT NO.: PD- 116 -9 3 PAGE 9 Interested parties to be notified of Council and Committee's decision: Bela and Ilona Panta 4272 Lakeshore Road R.R. #8 Newcastle, Ontario LIB lL9 Michael Manett Planning Services Ltd. 108 Blackmore Avenue Richmond Hill, Ontario L4B 2Bl Attn: Mr. Michael Manett Zoocheck Canada 5334 Yonge Street suite 1830 North York, Ontario M2N 6M2 Attn: Mr. Robert Laidlaw Mr. Gersh Sone 4351 Lakeshore Road Newcastle, Ontario LIB lL7 16 ~ SUBJECT SITE 16 15 14 13 12 1 I 10 9 8 7 I (\J M3 I I . I u ~1 z 0 SEE '17' U SCHEDULE (NEWTONVILLE) - c <t o 0:: en Z <t C) 0:: o :E !MID HIGHWAY 2 I ,A I I I I I HIGHWAY 401 .1 I I I I I IAI : I , I I CONCESSION RD. 1 C , I g I I I 0:: I I I z o - (f) (f) I I W I I U I Z : A-' 0 I ..0 0:: l&.J l- I ~ u f-1j . U Z o U ,'< .~ Z o 0:: lL. Z W ~ o 0:: ~ CD - A Formerly Clarke Twp. KEY MAP 5::-~ 500 1000 m I ~ '7 :) I 1 Dev.< 93-023 SKETCH OF SURVEY OF PART OF LOT 13. 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