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HomeMy WebLinkAboutPD-32-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PD -32.97 REPORT PUBLIC MEETING Meeting: General Purpose and Administration Committee File # t � �j 00�S Date: Monday, March 17, 1997 Res. 6 _ i c _0 Report #: Subject: PD -32 -97 File #: DEV 97 -005 By -law # �' • . • - • • 0 0' •. 0 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -32 -97 be received; 2. THAT application to amend the Comprehensive Zoning By -law 84 -63, as amended, submitted by August Geisberger Junior be referred back to staff for further processing; and 3. 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: RIIIIIIIIIIII IIII 1101.1 -1 %_t 7TA August Geisberger Junior From "Agricultural Exception (A -1)" to an appropriate zone to permit an expansion to the existing place of worship 0.64 hectares 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). Q111111 %[4I - IrfrT:TOTF � I I 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 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. PUBLIC NOTICE AND SUBMISSIONS: 4.1 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. 4.2 As of the date of the writing of this report, staff have not received any written submissions or verbal enquiries into this proposal. -I ill r 5.1 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 602 REPORT PD-32-97 PAGE W 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. 5.2 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. 6. ZONING: 6.1 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. 7. AGENCY COMMENTS: 7.1 In accordance with departmental procedures, the application has been circulated in order to obtain comments from other departments and agencies. Responses of no objection were received from the Clarington Public Works Engineering and Parks Department and the Clarington Fire Department. Comments remain outstanding from Ontario Hydro, the Region of Durham Planning Department and the Regional Works Department. 603 REPORT PD-32-97 PAGI 7.2 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. 8. CONCLUSIONS: 8.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to staff for further for further processing and a subsequent report upon receipt of all outstanding comments and any required revisions. Respectfully submitted, Y r Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development IL *FW *jip March 7, 1997 Attachment #1 - Key Map Attachment #2 - Area to be added Interested parties to be notified of Council and Committee's decision: August Geisberger Junior RR #1 Hampton, Ontario LOB 1 JO Harry & Ethel Fisher 5045 Enfield Road RR #1 Hampton, Ontario LOB 1 JO 604 ATTACHMENT #1 SUBJECT SITE LOT 3 2 LOT 31 LOT 30 LOT 29 44 I U-) ,► z Q 0 Q 0 �� �I V) U) � � w U W � Z 0 z L'- U Z ►I F�= ROAD °Q 0 F BLVD. w U z 0 cn � W U Z 0 44 D DEV. 97 -005 ����ap ATTACHMENT #2 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 ZQN CHURCH 0 V k W O p Q v o 0 e o� N 5 O J RE /ONAL ROAD No 4 (ROAD ALL OWAiVCE 9E7-kif£EN CONCES51ON5 4 & 5) SEPTEMBER 23, 1996. BROWN & COGGAN LTD. 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