HomeMy WebLinkAboutPD-61-96DN: HOLLIDAY.GPIHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC (MEETING
Meeting: General Purpose and Administration Committee File #L1[6
Date: Monday, May 6, 1996 Res. U ! " ass-
Report #:
Subject:
PD -61 -96 File #: DEV 96 -009
REZONING AND SITE PLAN APPLICATIONS
APPLICANT: STEPHEN HOLLIDAY
PART LOT 29, CONCESSION • RMER TOWNSHIP O
REGIONAL ROAD
FILE: DEV 96-009
Recommendations:
By -law #.
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -61 -96 be received;
2. THAT the application to amend the former Town of Newcastle Comprehensive
Zoning By -Law 84 -63 submitted by J. David McAuley on behalf of Stephen
Holliday be referred back to Staff for further processing and preparation of a
subsequent report pending receipt of all outstanding comments; and,
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Stephen Holliday
1.2 Agents: J. David McAuley
1.3 Application: From "Agricultural Exception (A -1) Zone" and "Environmental
Protection (EP) Zone" to an appropriate zone(s) permitting the
development of an 1,800 m2 place of worship with ancillary uses.
1.4 Site Area: 1.61 hectares (3.98 acres)
2. LOCATION
2.1 The subject lands are located at 816 Regional Road #17, north of the Canadian
Pacific Railway line between Regional Road #17 and Highway 35/115. The
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REPORT NO. PD -61 -96 PAGE 2
applicant's land holdings total 2.93 hectares (7.23 ac), of which 1.61 hectares
(3.98 acres) are subject to the application. The property in legal terms is known
as Part Lot 29, Concession 2 in the former Township of Clarke.
3. BACKGROUND
3.1 On March 13, 1996, J. David McAuley filed an application on behalf of Stephen
Holliday with the Municipality of Clarington to amend the former Town of
Newcastle Comprehensive Zoning By -Law 84 -63. The purposes of the application
is to change the current zoning from "Agricultural Exception (A -1) Zone" and
"Environmental Protection (EP) Zone" to an appropriate zone(s) permitting the
development of an 1,800 m2 place of worship with ancillary uses. Prior to
submission of the application, Staff met with the applicant on a number of
occasions to discuss potential issues regarding the development proposal.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Vacant land and rural residential
4.2 Surrounding Uses: East: Vacant land
North: Rural residential
West: Vacant land and Highway 35/115
South: Rural residential
5. OFFICIAL PLAN POLICIES
5.1 Within the existing 1991 Durham Region Official Plan, the subject lands are
designated "Living Area ". Places of worship are permitted within this land use
designation. The application appears to conform with the policies.
5.2 The subject lands are designated "Future Urban Residential" within the Clarington
Official Plan. These areas are meant for residential development within a 20 to
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522
REPORT NO. PD -61 -96 PAGE 3
30 year timeframe once the appropriate planning studies have been undertaken
to determine detailed land uses, population allocations, and neighbourhood
boundaries. However, Council may permit interim uses within the "Future Urban
Residential Area" provided that such uses:
• are not capital intensive;
• do not require municipal services;
• do not adversely impact any natural features; and,
• do not jeopardize the orderly future development of the lands for urban
uses.
5.3 Although the application does not appear to conform to the Clarington Official
Plan, it does conform to the Durham Plan. Where the local Official Plan is in
conflict to the Durham Plan,the later shall prevail.
6. ZONING BY -LAW CONFORMITY
6.1 The subject lands are currently zoned "Agricultural Exception (A -1) Zone" and
"Environmental Protection (EP) Zone" which only permits existing cemeteries and
places of worship. As the proposed use do not comply with the zoning by -law,
an application to rezone the property is warranted.
7. PUBLIC NOTICE AND SUBMISSION
7.1 Pursuant to Council's resolution of July 26, 1982 and requirements of the
Planning Act, R.S.O. 1990, the appropriate signage acknowledging the application
was erected on the subject lands. The required notice was mailed to each
landowner within the prescribed distance.
7.2 As of the writing of this report, no written submissions have been received. Two
inquiries from adjacent residents for general information have been received.
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4 523
REPORT NO. PD -61 -96 PAGE 4
8. AGENCY COMMENTS
8.1 The application was circulated to solicit comments from other relevant agencies.
The Clarington Fire Department has no objections to the application.
8.2 Comments from the Clarington Building Division indicate that while Phase 1 of the
development meet the Building Code requirements for fire access, the easterly
expansion will block off the fire route necessitating a turn around facility. The
turning circle at the main entrance does not comply with the Building Code
requirements of a 12 metre centre line radius. These issues will be resolved
through the site plan approval process.
8.3 The Durham Regional Health Unit has reviewed the application and requires the
following information:
• seating capacity of the church;
• facilities in the church such as a kitchen, nursery school, etc; and,
• site plan showing the tile bed and well locations of the retained dwelling.
If the daily sewage flows exceed 4,500 litres per day, then the applicant will be
required to meet the appropriate policies as prescribed by the Ministry of
Environment and Energy.
8.4 The Ganaraska Region Conservation Authority indicates that the subject lands are
located in proximity to the Foster Creek. The western portion of the lies within the
regulated flood plain. The Authority's Fill, Construction, and Alteration to
Waterway Regulations control the placement of fill and construction activities
within this area. Site grading and construction of the sewage disposal system
may require that a permit be issued by the Authority. Although the Authority has
no objections to the rezoning in principle, a detailed site plan and stormwater
management report will be required to address grading, stormwater runoff, and
erosion /sediment controls for the development.
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REPORT NO. PD -61 -96 PAGE 5
8.5 Comments still remain outstanding from the following agencies:
Clarington Public Works Department - Engineering
Clarington Public Works Department - Parks
Durham Regional Planning Department
Durham Regional Public Works Department
Ministry of Natural Resources
• Ministry of Transportation
• Ontario Hydro
9. STAFF COMMENTS
9.1 Although full urban services will be extended to this area in the future, the Durham
Region Planning Department has verbally indicated that this proposal could
proceed on the basis of private services as an interim measure. If approved, the
site plan agreement will require the development to connect to full urban services
once these become available.
9.2 The Municipality will work in conjunction with the applicant's agent to develop a
concept plan to ensure that this development does not impact the future orderly
development pattern for this area.
9.3 As the purpose of this report is to satisfy the requirements for the Public Meeting
under the Planning Act, R.S.O. 1990, and considering the number of outstanding
comments, it is respectfully requested that this report be referred back to Staff for
further processing and the preparation of a subsequent report.
525
REPORT NO. PD -61 -96 PAGE 6
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
RH *FW *cc
Reviewed by,
,
W. H. S ockwell
Chief Administrative
Officer
Attachment #1 - Key Map
Attachment #2 - Proposed Site Plan
Attachment #3 - Proposed Building Floor Plan
Attachment #4 - Proposed Building Elevations
April 26, 1996
Interested parties to be notified of Council and Committee's decision:
Stephen Holliday
816 Regional Road #17
Newcastle, Ontario
L1B 1L9
Ronn Young
Newcastle Fellowship
Baptist Church
396 Mill Street North
Newcastle, Ontario
L1 B U3
J. David McAuley, Architect
360 Woolwich Street
Guelph, Ontario
R1 H 3W6
Stan Lawson
870 Regional Road #17
Newcastle, Ontario
L1B 1L9
526
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