HomeMy WebLinkAboutPD-112-97k"',
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: FAITH.GPA
REPORT
PUBLIC MEETING
r
Meeting: General Purpose and Administration Committee File #
Date: Monday, September 8, 1997 Res. # A - �21 -(77
Report #:
PD- 112 -97
File #: COPA 97 -009 & DEV 97 -047 By -law #
Subject: CLALINGTON OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION
APPLICANT: FAITH UNITED CHURCH
PART LOT 27 & 28, CONC. 2 & 3, FORMER TOWNSHIP OF DARLINGTON
FILE: COPA 97 -009 & DEV 97 -047
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 112 -97 be received;
2. THAT the applications to amend the Clarington Official Plan and the Zoning By-
law be referred back to staff for further processing and the preparation of a
subsequent report; and
3. THAT all interested parties listed in this report and any delegation be forwarded
a copy of this report and be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Faith United Church
1.2 Owner: Ontario South Finance Inc.
1.3 Official Plan Amendment:
To move the Hancock Neighbourhood Separate Elementary
School symbol on Map A2 from its current location on the
north side of Nash Road to south of Nash Road, immediately
east of the existing Neighbourhood Park and backing onto
Black Creek (see Attachment #1 B)
L
REPORT PD-112-97 1
1.4 Zoning Amendment:
To rezone 1.56 hectares of a 3.718 hectare parcel to an
appropriate zone to permit a 1997 m2 place of worship, and
to redefine the limits of the Environmental Protection zone
(see Attachment #2)
1.5 Land Area: Separate Elementary School - 2.4 hectares
Place of Worship - 1.56 hectares
2. LOCATION
2.1 Legal Description (Rezoning application):
1778 Nash Road, Part Lot 28, Concession 3, former
Township of Darlington
3. LAND USES
3.1 Existing Uses:
The area identified by the Separate Elementary School symbol has partially
developed in the form of single detached country residential lots fronting on Nash
Road. The proposed school location appears to be used agriculturally and
contains a wooded area adjacent to Black Creek.
3.2 Surrounding Uses:
Proposed Separate Elementary School
North - agricultural
South - Black Creek
East - large lot country residential
West - neighbourhood park
Proposed Place of Worship
6'L'9
REPORT NO.: PD- 112 -97 PAGE 3
North - tributary of Black Creek
South - linked and townhouse units
East - single detached country residential
West - single detached country residential
4. BACKGROUND
4.1 In December of 1996 the Clarington Planning Department staff received an inquiry
into the possibility of locating a place of worship at 1778 Nash Road. This
property is part of an area which had been identified in the Hancock
Neighbourhood of the Official Plan as the location for a Separate Elementary
School site. Upon review of the request it was determined that there was
insufficient land to accommodate both the required school and the proposed
place of worship. If the United Church wished to locate on the Nash Road
property the school symbol would have to be relocated.
4.2 A draft Neighbourhood Design Plan has been prepared by WDM Consultants on
behalf of Claret Investments Ltd. and Uvalde Investment Co. for the Hancock
neighbourhood. The draft Neighbourhood Design Plan has been circulated to
agencies for comments. Staff are working with the consultant to resolve a
number of issues prior to holding a public information centre.
4.3 The location of the Separate Elementary School was discussed at an inter - agency
meeting in January and two issues were raised. The School Board representative
noted that the proposed location of the Separate Elementary School symbol may
pose a potential problem due to fragmented land ownership in the area. The
second issue was raised by the Durham Region Public Works staff. The
neighbourhood plan showed the school fronting onto Nash Road, which is a Type
B arterial. Regional staff stated that the Region would require a site with frontage
on an internal collector. Several options were discussed and a tentative site was
6JU
REPORT NO.: PD- 112 -97 PAGE 4
chosen south of Nash Road, adjacent to the existing neighbourhood park and
Black Creek.
4.4 WDM Consultants provided staff with a location sketch showing a revised school
site. This was forwarded on to the Separate School Board and on February 10,
1997, and they confirmed that the site was acceptable. The Regional Works
Department has recently confirmed that they support the relocation of the
Separate Elementary School symbol to south of Nash Road as it would result in
the frontage being on an internal collector road.
4.5 In order to proceed with the relocation of the school site, Faith United Church filed
an application for an Official Plan Amendment. In addition, the Church has also
filed a rezoning applicaton to permit a church on its Nash Road property.
5. PUBLIC NOTICE
5.1 In accordance with the Municipality's procedures and the requirements of the
Planning Act, written notice was given as follows:
• the appropriate signage acknowledging the Public Meeting for both
applications was installed on the subject Nash Road lands; and
• written notice was circulated to all assessed property owners within a 120
metre radius of the existing school site, the proposed school site, and the
area subject to rezoning.
5.2 As of the writing of this report staff have received one inquiry into the
development from a resident of Hancock Road.
v �:7
REPORT NO.: PD- 112 -97 PAGE 5
6. OFFICIAL PLAN POLICIES
6.1 Durham Region Official Plan
Both the proposed school site and the proposed place of worship site are
designated Living Area, with indications of Environmentally Sensitive Areas, in the
Durham Regional Official Plan. The predominant use within the Living Area
designation is for housing purposes. The Official Plan also permits certain public
uses which are compatible with their surroundings.
Environmentally Sensitive Areas "shall be given paramount consideration in light
of their ecological functions and scientific and educational values ". The Regional
Official Plan also contains policies about development with regard to the
cumulative impact on the environment, particular ground and surface water
resources, the maintenance of connected natural systems, and the impacts on
environmental features and functions.
6.2 Clarington Official Plan
The Clarington Official Plan designates both the proposed school site and the
proposed place of worship as Urban Residential. The valley lands associated with
Black Creek, and the tributary of Black Creek just north of the place of worship,
are designated Environmental Protection Area. The predominant use within the
Urban Residential designation is for housing proposes. The Official Plan also
permits other uses which by the nature of their activity, scale and design are
supportive of, compatible with and serve residential uses. These include schools
and community facilities.
The Environmental Protection Area, and its ecological function, is to be preserved
and protected from the effects of human activity. No development is permitted
on these lands.
6J) 2-
REPORT NO.: PD- 112 -97 PAGE 6
Map C1 of the Clarington Official Plan shows both sites as falling within the Lake
Iroquois Beach. Hazard lands and a small portion of Tableland Woodlots are also
shown associated with Black Creek, its tributary, and the valleylands of both. The
Lake Iroquois Beach is identified in recognition of its extensive forested areas and
wildlife habitat, and its locally significant functions of ground water discharge and
recharge.
7. ZONING BY -LAW
7.1 The lands proposed for a place or worship are currently zoned "Agricultural (A)"
and "Environmental Protection (EP)" within the former Town of Newcastle
Comprehensive Zoning By -law 84 -63, as amended. Only existing places of
worship are permitted within the Agricultural zone. Therefore, a rezoning is
required. The Environmental Protection zone does not permit the construction of
any buildings or structures and all development must be set back a minimum of
3 metres from the Environmental Protection boundary.
8. AGENCY COMMENTS
8.1 A request for comments on both applications was circulated to the applicable
departments and agencies. The majority of agencies have not responded to
date.
8.2 The Region of Durham Health Department and the Clarington Community
Services Department had no objection to the rezoning application.
8.3 The Clarington Fire Department had no objection to approval of the official plan
amendment and requested that access routes comply with the Ontario Building
Code in regards to turn around facilities for the place of worship. This issue will
be address through the site plan approval process.
REPORT NO.: PD- 112 -97 PAGE 7
8.4 The Separate School Board has notified staff that they are in full support of the
relocation of the elementary school site, and also do not object to the proposed
rezoning for a place of worship.
9. STAFF COMMENTS
9.1 Section 4.3.8 of the Clarington Official Plan requires an Environmental Impact
Study (EIS) be conducted for development applications adjacent to or containing
natural features identified in the Plan. As previously noted, the area subject to
rezoning is within the Lake Iroquois Beach, contains Hazard land and a small
portion of Tableland Woodlot.
9.2 In 1994 Ecological Services for planning conducted a study of the Courtice major
urban area for the Region of Durham in order to identify issues which must be
addressed prior to site development. The applicant of each new development
proposal is responsible to ensure that noted issues are researched and the
appropriate mitigation measures are taken.
This study identified the area subject to rezoning as being a F3 environmental unit
with a moderate sensitivity ranking, and as being part of a significant recharge
area. Before a recommendation can be made on the proposal for a place of
worship the following are to be addressed:
• hydrogeological impacts
• surface water impacts
• vegetation removal impacts
• wildlife
9.3 Section 20.2.4
of the
Clarington Official
Plan requires
that a stormwater
implementation
report
be prepared on
how stormwater
concerns will be
P PD-112-97 -A
addressed. The applicant has been informed of all the above requirements and
will be providing a suitable report for staff's review.
9.4 Section 18.4.2 of the Clarington Official Plan requires a minimum of 2.5 hectares
for an elementary school site. This minimum may be reduced if the site is
adjacent to parklands and is accepted by the school board. The existing site, as
identified in the neighbourhood development plan, is 2.43 hectares and does not
abut a park. The proposed site is 2.4 hectares and is adjacent to an existing
neighbourhood park.
9.5 Faith United Church has informed staff that they wish to maintain the house
located on the property. This building is architecturally interesting in that it is a
large masonry dwelling built in a semi - circular shape . The church intends to
incorporate the existing building into their plans for a larger facility. Prior to the
house be used for a church facility, and prior to any expansion to the building,
an application for site plan approval must be submitted and approved by the
municipality.
9.6 Through the review of the rezoning application specific boundaries will be set for
the environmentally protected lands, the area allotted for a place of worship, and
the lands to remain agriculturally zoned. The church has informed staff that they
do not wish to rezone the lands north of the environmentally protected area, or
east of the place of worship site at this time. They would like to reserve these
lands to be developed for residential use at some point in the future.
10. CONCLUSION
10.1 The purpose of this report is to satisfy the requirements for the Public Meeting
under the Planning Act as well as to provide the status of the applications. As
various department /agency comments are still pending, this application should
. •D •
be referred back to staff for further processing and the preparation of a
subsequent report.
6.2 As required under the Planning Act, a copy of the proposed Official Plan
Amendment (Attachment #1) is attached to this report for the purpose of the
Public Meeting.
Respectfully submitted,
r
agiu, i.C.I.P.,
Director of Planning
and Development
IL *DC *FW *cc
August 29, 1997
Reviewed by,
4A4��
W. H. Stockwell
Chief Administrative
Officer
Attachment #1 - Proposed Official Plan Amendment
Attachment #2 - Area Subject to Rezoning
Interested parties to be notified of Council and Committee's decision:
Mark Roper
101 Kingswood Drive
Courtice, Ontario
L1 E 1G3
Bruno Harilaid
Ontario South Finance Inc.
601 Dundas Street East
Unit 501
Whitby, Ontario
L1 N 7138
Dennis Bryan
Barry -Bryan Associates
11 Stanley Court, Unit 1
Whitby, Ontario L1 N 8P9
WDM Consultants
20 Clematis Road
Willowdale, Ontario
M2J 4X2
Stan & Libby Racansky
3200 Hancock Road
Courtice, Ontario
Li E 2M1
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ATTACHMENT #1A
AMENOMENT NO.
TO THE CLARINGTON OFFICIAL. PLAN
PURPOSE:
BASIS:
ACTUAL,
AMENDMENT:
IMPLEMENTATION:
INTERPRETATION:
To amend the Official Plan of the Municipality of Clarington by
relocating the 'Separate Elementary School' designation.
The Amendment is based on applications for a zoning amendment
by Faith United Church and Ontario South Finance Incorporated,
File # DEV 97 -047.
To relocate the Separate Elementary School symbol within the
Hancock Neighbourhood on Ind Use Map A2 from the north side
of Nash Road, west of the collector road, to south of Nash Road,
adjacent to Slack Creek as shown on Schedule W.
The provisions set forth in the Clarington Official Plan, as amended,
regarding the implementation of the Plan, shall apply in regard to
this amendment.
The provisions set forth in the Clarington Official Plan, as amended,
regarding the interpretation of the plan, shall apply in regard to this
amendment.
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