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Home My WebLink AboutPSD-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 MM/CP/df 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 A r r t2N � s NEW- 4 `'' 3 r n 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 L C C V ,V :3 Q a M C CL m ® C Q N 0 3 ++ GV08 a131=IN3 Ll N C Q �+ N o I m a� J n m 0) +� W N c N z Z c. z LL O F- ` � N CL � C 3 0 U J W � U W U 4—j a �3AVHD c ari m E E E y U U m W E W (� Q N Q' ,''.. O o Q a o CL 0 Ho2mo N>IDW9 JNIlSIX3 rmaW muYUmr V1301Wd •1!aM6ugs!x3 P88 OU DUIISIX3 GVO?J a731JN3