HomeMy WebLinkAboutPSD-092-11 Clarington REPORT
PLANNING SERVICES DEPARTMENT
PUBLIC
- Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: November 28, 2011 Resolution#: 61014-07-0 By-law#:
Report#: PSD-092-11 File#: ZBA 2011-0030
Subject: PROPOSED ZONING BY-LAW AMENDMENT TO FACILITATE A LOT LINE
ADJUSTMENT BETWEEN A CHURCH AND CEMETERY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-092-11 be received;
2. THAT the rezoning application submitted by the Trustees of Zion United Church
continue to be processed including the preparation of a further recommendation report;
and
3. THAT all interested parties listed in Report PSD-092-11 and any delegations be advised
of Council's decision.
i
Submitted by: w Reviewed by:
D oj/ Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
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17 November 2011
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-092-11 Page 2
1. APPLICATION DETAILS
1.1 Applicant: Bob Martindale, MCIP, RPP, Martindale Planning Services
1.2 Owner: Trustees of Zion United Church
1.3 Proposal: To facilitate a lot line adjustment between the church property and the
cemetery property
1.4 Area: 0.64 Hectares
1.5 Location: 5165 Enfield Road, Darlington
2. BACKGROUND
2.1 On October 12, 2011, Martindale Planning Services on behalf of the Trustees of Zion
United Church submitted an application for rezoning to facilitate a lot line adjustment
between the church property and the cemetery property, known as 5165 Enfield Road
in Darlington, formerly Zion United Church. The purpose of this application is to
recognize, in the Zoning By-law, the proposed reduced lot size and setbacks resulting
from the lot line adjustment. The applicant has submitted a Planning Rationale Report
and a survey to support the application.
2.2 Zion United Church was originally built as Zion Methodist Church in 1849 and has
been expanded twice. The most recent addition was a second floor above the church
hall constructed in 1997. The parking lot for the church has been located on the west
side of Enfield Road for many years and will continue to be under the same ownership
as the church property.
2.3 The cemetery, established in 1828, is located immediately east and north of the
church building. Over the years, the cemetery has expanded to the east and north
away from the church. Several decades ago, the Cemetery Board was created and
continues to operate separate from the church. Much of the cemetery is on a property
separate from the church however the oldest part of the cemetery remains on the
church property. See Figure 1 below. With the closure of Zion United Church in
December, 2010, the Trustees of Zion United Church and the Cemetery Board have
sought to have the lot line adjusted between the church and cemetery properties so
that the entire cemetery would be located on the property owned and maintained by
the Cemetery Board. This will facilitate the eventual sale of the church building and
property while keeping the cemetery intact for continued operation by the Cemetery
Board. The Key Map contained in Attachment 1 identifies the existing church property
and cemetery property in four parcels. At the conclusion of the rezoning and consent
process the church will retain the parking lot on the west side of Enfield Road as well
as Parcel 'A' and `D'. The cemetery property will expand to incorporate parcels `B'
and `C'.
REPORT NO.: PSD-092-11 Page 3
Figure 1
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3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property is located just north of the Hamlet of Mitchell Corners on the east
side of Enfield Road. The current size of the church property is 0.64 hectares and the
cemetery is 0.61 hectares. Located on the church property is the original church
building, the church hall and the oldest part of the Zion Cemetery.
3.2 The surrounding uses are as follows:
North - Residential
South - Agricultural
East - Agricultural
West - Agricultural
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement
The 2005 Provincial Policy Statement (PPS) states that land must be carefully
managed to promote efficient land use and development patterns which support
strong, liveable and healthy communities, protect the environment and facilitate
economic growth. This proposal is to facilitate a lot line adjustment. No new
development is occurring and no lot is being created. The proposal is consistent with
the PPS.
REPORT NO.: PSD-092-11 Page 4
4.2 Greenbelt Plan
The property is located in the Greenbelt Protected Countryside Area. The church and
cemetery are not located within a key natural heritage or hydrological feature. As
mentioned, no new lot is being created. The proposal is consistent with the Greenbelt
Plan.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject property Prime Agricultural
Area. The proposed Zoning By-law Amendment application does not propose a
change from the existing use of the property. The lot line adjustment will not create a
new lot and the remaining lots will be an adequate size for the intended uses. The
proposal conforms with the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject property Prime Agricultural Area.
The existing church and cemetery are permitted by the Clarington Official Plan. Since
no development is occurring and no lot is being created, this proposal conforms with
the Clarington Official Plan.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands Agricultural Exception (A-55). This
exception zone permits, in addition to all other permitted uses in the "Agricultural (A)"
Zone, a place of worship, subject to a minimum lot size of 1.57 hectares and a
maximum floor area of 636 m2. The minimum lot size, lot frontage, north side yard
setback and rear yard setback are proposed to be reduced below what is permitted in
the Zoning By-law and the lot coverage will also exceed the maximum permitted 5%.
The front yard setback is legal non-conforming.
7. SUMMARY OF BACKGROUND STUDIES
7.1 A Planning Rationale Report was submitted by Martindale Planning Services in
support of this application. This report provided an overview of the property and the
surrounding area together with a review of relevant local, Regional and Provincial
Planning documents. The Applicant's consultant suggests that the proposed rezoning
application is consistent with current planning policy and represents good planning.
REPORT NO.: PSD-092-11 Page 5
8. PUBLIC NOTICE AND SUBMISSIONS
8.1 Public notice was given by mail to each landowner within 120 metres of the subject
properties and a public meeting notice was installed on the site. As of the writing of
this report, no comments or submissions have been received.
9. AGENCY COMMENTS
9.1 At the time of writing this report, no agency comments have been received.
10. STAFF COMMENTS
10.1 Staff provided comments in support of the related Land Division Application, which
was considered by the Durham Region Land Division Committee on November 14,
2011. The application was TABLED at the request of the applicant to deal with an
objection from the Cemetery Board.
10.2 The applicant's consultant advises that, to the best of his knowledge, this application
does not conflict with any provisions of the Cemeteries Act or the associated
Regulation. He states that the lot line adjustment is not considered an "alteration" of
the cemetery, which would require the consent of the Registrar of Cemeteries and the
municipality. Since the exact locations of graves from the 1800's are not known, it
may be that portions of some graves will continue to be located on the church
property. Staff have required as a condition of Land Division approval that an
easement be registered along the entire east side of the church building to prevent
any disturbance of this area in the future and to allow the Cemetery Board access for
the maintenance of these grave sites that are in close proximity to the church building.
10.3 Staff will continue to work with the applicant to address any issues or concerns that
may arise from the circulation of this application to commenting agencies and other
departments, as well as the concerns raised by the Cemetery Board at the Land
Division Committee meeting.
11. CONCURRENCE Not Applicable
12. CONCLUSION
12.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the
Planning Act. It is respectfully recommended that this report be referred back to Staff
for further processing and the preparation of a subsequent report.
REPORT NO.: PSD-092-11 Page 6
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Mitch Morawetz
Attachments:
Attachment 1 - Key map
List of interested parties to be notified of Council's decision:
Bob Martingdale, Martindale Planning Services
Maurice Wicks, Trustees of Zion United Church
Attachment 1
To Report PSD-092-11
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