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HomeMy WebLinkAboutPD-67-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: ZION.GPA REPORT Meeting: General Purpose and Administration Committee Date: Monday, May 5, 1997 Report #: PD -67 -97 File #: DEV 97 -005 File Res. 4 J � g (-Ci_1 By -law • - ct: ZONING AMENDMENT " • ZION UNITED CHURCH AND HARRY • REGIONAL 5111 - 5165 • PART LOT 30, CONCESSION 5, FORMER • OF •° FILE: DEV 11: 96-032 & LID .. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -67 -97 be received; 2. THAT application to amend the Comprehensive Zoning By -law 84 -63, as amended, submitted by August Geisberger Junior be APPROVED; 3. THAT the attached By -law be passed; 4. THAT a copy of this report and the By -law be forwarded to the Region of Durham Planning Department; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. 1.1 1.2 1.3 APPLICATION DETAILS: Applicant: Zion United Church and Harry & Ethel Fisher Agent: Zoning 1.4 Area: August Geisberger Junior From "Agricultural Exception (A -1)" to an appropriate zone to permit an expansion to the existing place of worship 1.57 hectares 667 FQ 2.1 The subject lands are located on the east side of Enfield Road (Regional Road 34), immediately north of Mitchells Corners. The area proposed for rezoning covers all of 5165 Enfield Road and a portion of 5111 Enfield Road (see Attachment #1). 3. BACKGROUND 3.1 On May 27, 1996, August Geisberger, on behalf of Zion United Church, applied for a building permit to construct a 163 square metre (1755 sq ft) second storey addition to the existing place of worship to be used for classroom and meeting room purposes. Upon receipt of the building permit application, the Planning Department informed Mr. Geisberger that site plan approval was required before a building permit could be issued. Subsequently, on June 4, 1996, an application for site plan approval was filed (DEV 96 -032). 3.2 During the initial circulation of the application for site plan approval the Region of Durham Health Department stated that approval was "not recommended" as the existing tile bed was undersized and there was insufficient land behind the church to replace the tile bed. In response to this the church approached the neighbouring property owners, Harry & Ethel Fisher, to obtain a 2983.5 sq metre parcel to be added to the church property (see Attachment #2). An application for land division was filed under file number LD 196/96. This application was heard by the Land Division Committee on November 5, 1996, and was approved. 4. EXISTING AND SURROUNDING USES 4.1 Existing Uses: a place of worship and agricultural lands 4.2 Surrounding Uses: East - cemetery West - agricultural REPORT PAGE North - rural residential South - agricultural 5.1 Pursuant to Council's resolution of July 26, 1982, and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, a public notice was mailed out to each landowner within the prescribed distance. 5.2 A Public Meeting was held on March 17, 1997. No resident spoke in opposition or support of the proposal. The. Planning and Development Department has not received any written submissions or verbal enquiries in respect to this proposal. 6. OFFICIAL PLAN CONFORMITY 6.1 Within the Durham Region Official Plan the subject property is designated Permanent Agricultural Reserve. Section 12.3.2 of the Regional Official Plan states that lands so designated shall be restricted to agriculture and farm related uses. However, Section 20.4.4 of the Plan states that local municipalities may pass a zoning by -law to allow the continuation, expansion or enlargement of legally existing uses. A place of worship has existed on this property since 1918 and, therefore, has legal non - conforming status. 6.2 The Region of Durham Planning Department has stated that Council may rezone these lands to permit the enlargement /expansion of the church as a legally existing use provided that: it does not have an adverse effect on the surrounding lands or the implementation of the Durham Regional Official Plan the expansion has regard for the Agricultural Code of Practice 669 . . ! . I . aim the property is accessible by a public road which is maintained year round and of a suitable standard to accommodate any increased traffic which may be generated the use is subject to the conditions of the Clarington Official Plan Subsequent to the above, the Region of Durham has advised that the application will not affect the implementation of the Durham Region Official Plan and will also conform to the Agricultural Code of Practice. 6.3 Within the Clarington Official Planning the subject property is designated Prime Agricultural Area. Section 13.3.2 of the Clarington Official Plan states that lands so designated shall only be used for farm and farm related uses. However, Section 23.5.3 permits Council to pass a by -law permitted the extension or enlargement of legal non - conforming uses, buildings or structures. 7. ZONING BY -LAW CONFORMITY 7.1 This property is zoned Agricultural Exception (A -1) under By -law 84 -63. The list of permitted non - residential uses in the A -1 zone includes "cemeteries and places of worship which existed prior to the date of passing of this By -law ". Under this provision the use of the lot as it exists today is permitted. As a result of the need for the expansion of the lot area (land purchased from the Fishers), the rezoning is required as the area to be added can only to be used for agricultural purposes under By -law 84 -63. Subsequently, this application for rezoning has been filed to recognize both the existing use and the additional lot area. 8. AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application has been circulated in order to obtain comments from other departments and agencies. There were REPORT PAGE no objections received from any agency or department to the approval of this application. 8.2 The Region of Durham Health Department has notified staff that they have no objection to approval of the application on the condition that the additional lands be used for the installation of a private sewage disposal system. 9. STAFF COMMENTS 9.1 Section 6.2 of this report noted the comments submitted by the Region of Durham Planning Department. Staff are of the opinion that the four concerns will be addressed as follows: i) The rezoning of these lands to recognize the existing church, permit a septic system and accommodate a second storey addition will not have an adverse effect on the surrounding lands. This is not the introduction of a new use to this area as a place of worship has existed on this property since 1918. The expansion to the church totals 163 square metres (1755 sq ft) and is to be used for Sunday school rooms and a meeting area. Currently, the church has a finished floor area of 473 square metres (5092 sq ft). The addition would result in a 34 percent increase in floor area, which is in staff's opinion not of a sufficient size to create a detrimental impact on the subject property or surrounding area. Furthermore, the Region of Durham has confirmed that approval of the application will not have an adverse effect on the implementation of the Durham Region Official Plan. ii) The Region of Durham has also stated that the application conforms to the Ministry of Agriculture, Food and Rural Affairs' policies. 671 REPORT PAGE 6 iii) As to the issue of the road standard and maintenance, Zion Church is located on Regional Road 34. The Region of Durham Public Works Department has stated that they have no objection to approval of the application. iv) Staff are satisfied that the application meets the intent of the Clarington Official Plan. 9.2 Subsequent to Council approval of this rezoning, staff will continue to process Zion Church's application for site plan approval. 10. CONCLUSION 10.1 In consideration of the comments contained within this report, have no objection to approval of the application. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development I L *FW *cc April 25, 1997 Attachment #1 - Key Map Attachment #2 - Area to be added Reviewed by, / Olt W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: August Geisberger Junior R. R. # 1 Hampton, Ontario LOB 1 JO Harry & Ethel Fisher 5045 Enfield Road R. R. # 1 Hampton, Ontario LOB 1 JO 672 In #1 SKETCH OF PART OF LOT 30, CONCESSION 5, TOWNSHIP OF DARLINGTON, now in the MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM SCALE - 1 : 5000 (METRIC) LANDS OWNED BY FISHER LANDS OWNED BY ZION CHURCH LANDS OWNED BY FISHER TO BE ADDED TO LANDS OWNED BY ZLQ HURCH �- `57.40 d O #0 J w n 243 �,o 0 o C4 C4 1 y ° n w n 243 N Ld r 89.92 0 OWNED B OTHERS n � 15.83 X. S 10 . 0 C4 C4 1 y ° n n N Ld w 0 34.75 U =� Y /< a CONCE jSION m' 0 w ui N Z W n Q Q PARCEL A TO BE SEPARATED AREA = 2983.5 sq.m. (TO MELD vnni rutcEl e) O I r m Ld o Q 1 OWNED BY OTHERS ° LOT.Xj CY1Y. 5 f�EG /ON,4L fF0A0 No (ROAD AL L OXIANCE 9E7-0ff1V CON0E551ON5 4 & 5) SEPTEMBER 23, 1996. BROWN & COGGAN LTD. ONTARIO LAND SURVEYORS. 1 DIVISION ONTARIO IO B O 674 HME'NT #2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 97- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle to implement DEV 97 -005. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4 "Special Exception - Agricultural (A)" zone of By -law 84 -63, as amended, is hereby further amended by adding the following new subsection 6.4.55: "6.4.55 AGRICULTURAL EXCEPTION (A -55) ZONE Notwithstanding Sections 6.1 and 6.3, those lands zoned A -55 on the Schedules to this By -law may only be used for a place of worship, subject to the following special regulations: a) lot area (minimum) b) floor area (maximum) 1.57 hectares 636 square metres" 2. Schedule "1" to By -law 84 -63 as amended, is hereby further amended by changing the zone designation from: "Agricultural - Exception (A -1)" to "Agricultural - Exception (A -55)" 3. Schedule "A" attached hereto shall form part of this By -law. 4. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of BY -LAW read a second time this ' day of BY -LAW read a third time and finally passed this 1997. 1997, day of 675 1997. AU Mi CLERK This is Schedule "A" to By —law 97® , passed this day of 1997 A.D. `�e3 LOT Re qbq u lfi4 30 ;e o�6. Q ie qiu) .SOV mrr�a�rt`tr S xvtrrr t••. ..r5caa u.j5. 5'�St) 20 N]2tl2'JO" 00. v5 L 4v riz� »..o Mti•»iot e� Ana -idi 'u vs) I�. Y[11-1' a a..e'nii uw.l B f, a5t in .am `aF.Z ak�£g F L Intro2 . "[aa- �' lcKit.ft' .� —H a' I�ooi . • "'.! N7244,20' V2'SO "E _ V «tl p+si's is5 r.21 Ids L J 0 RA AAA PART 2 sn O V h Ld� 1111 taut �d w 0 I 541.40¢, 5 si. w i>o55. s5i) M,v.a- wt..SUI at— Q Naz Sv00 w ) v [ 0;a: "Snot • �f �R 1 fe..u5ipt- i .sl G O N]2ro600 E JS].24 W INS7. PART 5 PLAN IOR — J507 I ® ZONING CHANGE FROM A -I" TO "A -55" Clerk Mayor ® SUBJECT SITE LOT 32 LOT 31 LOT 30 LOT 29 34 ) 0 re „ z O, 0 a ii v� U C7 z z �� U Z TALIaN D -i a °a o D. d- z O Ld F W U O U z 0 DARLINGTON 76