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 #
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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).
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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.
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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
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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
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LOT
3 2 LOT
31 LOT
30 LOT 29
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97 -005
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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
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RE /ONAL ROAD No 4
(ROAD ALL OWAiVCE 9E7-kif£EN CONCES51ON5 4 & 5)
SEPTEMBER 23, 1996.
BROWN & COGGAN LTD.
ONTARIO LAND SURVEYORS
606 1 DIVISION
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