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
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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
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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.
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PART 5
PLAN IOR — J507 I ® ZONING
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Clerk
Mayor
® SUBJECT SITE
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30 LOT 29
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