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HomeMy WebLinkAboutPSD-033-05 . Cl~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 7, 2005 Report #: PSD-033-05 File #: ZBA 2004-021 ;fe~;tI: ??fl- /n-6::- By-law #:;10.):5. lJ' . Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A PRIVATE ELEMENTARY SCHOOL APPLICANT: DURHAM CHRISTIAN ACADEMY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report PSD-033-05 be received; 2, THAT the rezoning application submitted by Durham Christian Academy be APPROVED and that the proposed Zoning By-law contained in Attachment 2 to this Report be passed; 3, THAT Council pass a By-law to remove the "(H) Holding" symbol at such time the applicant has satisfied the provisions of Section 23.4.3 of the Clarington Official Plan; 4, THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and 5, THAT all interested parties listed in this report and any delegations be advised of Council's decision, Submitted b ' Reviewed by(~)-t.pa~ ~ Franklin Wu, Chief Administrative Officer TW/CS/FL/df 24 February 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 628 REPORT NO.: PSD-033-05 PAGE 2 1.0 APPLICATION 1.1 Applicant: 1.2 Applicant/Agent: 1,3 Rezoning: 1.4 Location: Durham Christian Academy William lng, Durham Christian Academy from "Rural Cluster (RC) Zone" to an appropriate zone category to permit a Private Elementary School. 2038 Nash Road, the north side, just west of Rundle Road, being Part of Lot 23, Concession 3, former Township of Darlington, 1.5 Site Area: 1.214 hectares 2.0 BACKGROUND 2,1 On May 6, 2004, Durham Christian Academy submitted rezoning and official plan amendment applications for 2038 Nash Road, in order to permit a private elementary school. The property supports the now vacant Maple Grove Public School. Durham Christian Academy purchased the property in April 2004 from the Kawartha Pine Ridge District School Board once the school had been declared surplus, 2,2 Upon further review of the Clarington Official Plan policies, Staff determined that the official plan amendment application was not required. 2,3 A statutory Public Meeting was held on June 21, 2004. One neighbouring resident identified concerns with existing lighting and unauthorized motorcyclists using the property, The applicant has posted signs prohibiting unauthorized vehicles and has re- directed the lighting away from adjacent properties. 2.4 Libby Racansky spoke in opposition to the application, She was concerned that the applicant would extend the development into the wetland area, The applicant indicated that they had no plans to extend into the wetlands as they did not own property in that area. 2.5 Two inquiries were received from neighbouring property owners. One property owner followed up the inquiry with a letter claiming that there may have been seepage from the septic system in the past and concerns that this could impact the water quality of their well, The capacity of the septic system will be reviewed by the Region of Durham Health Department through the site plan approval process. 3.0 SITE CHARACHERISTICS AND SURROUNDING USES 3.1 The property supports the 436,63 sq, m. vacant Maple Grove Public School and storage shed. There is an existing parking area at the southwest corner, a play area at the east end of the site, and soccer/play fields in the rear yard. 629 REPORT NO.: PSD-033-05 PAGE 3 3.2 The surrounding land uses are as follows: North - South - East - West - Vacant with Significant Woodlands Residential Residential Vacant with Significant Woodlands 5.0 OFFICIAL PLAN POLICIES 5,1 The Clarington Official Plan designates the subject lands "Rural Residential Cluster" with a "Public Elementary School" symbol. The "Rural Residential Cluster" designation permits single detached residential dwellings and home-based occupations. The policy regarding Schools permits Elementary and Secondary Schools to locate within any residential areas. 5,2 Section 23.5.4 of the Clarington Official Plan authorizes Council to pass a by-law to recognize the continuation, expansion, or enlargement of a similar use. Given that the proposed Private Elementary School is a similar use to the "Public Elementary School" use identified with the applicable symbol in the Clarington Official Plan, the application conforms. 5.3 The subject lands are adjacent to lands identified as "Significant Woodlands" on Map C of the Clarington Official Plan. The Ministry of Natural Resources has also evaluated this area and determined that it is part of a Provincially Significant Wetland, identified as the Maple Grove Wetland Complex. Due to the proximity of natural features to the subject property the preparation of an Environmental Impact Study was required in accordance with the policies contained in Sections 4.4,24 and 4.4.25 of the Clarington Official Plan. The findings of the EIS are contained in Section 8.2 of this report. 6.0 ZONING BY-LAW 6.1 The property is in a "Rural Cluster (RC) Zone", A single detached dwelling and home occupation are listed as permitted uses. The establishment of a private elementary school required the submission of a zoning by-law amendment. 7.0 AGENCY COMMENTS 7,1 The Municipality of Clarington Accessibility Committee, Clarington Emergency Services Department and Hydro One Networks Inc. offered no objections or comments on the application. 7,2 The Clarington Engineering Services Department offers no objection, in principle, to the proposal. Any changes to the site proposed in conjunction with the conversion may also necessitate other required changes to the site, under the Ontario Fire Code. 630 REPORT NO.: PSD-033-05 PAGE 4 Depending on the extent of the change proposed by the applicant, improvements or modifications may be required to the following: . Road entrances . Internal driveways . Roadside ditch . Internal drainage syslem . Parking area Further comment will be provided at the site plan approval stage of the development process, 7.3 The Clarington Building Services Department indicated that a building permit would be required if the applicant will be doing any construclion on the site. 7.4 The Region of Durham Planning Department indicated that the subject property is located in a "Major Open Space" designation in the Durham Regional Official Plan. The predominant use of lands in the "Major Open Space" designation shall be for conservation, recreation, reforestation and agriculture and farm-related uses, The policies under Section 5,2,1 of the Official Plan, indicates that cultural facilities for such purposes as education may be permitted in this designation. Municipal water supply and sanitary sewers are presently not available to the subject property nor does the Regional Works Department have any plans to exlend said services. The proposed use will require the installation of private wells and private waste disposal systems. The Regional Health Department advises that if a gymnasium with showers is proposed, Ihat the sewage capacity must be determined and complied with. Nash Road is designated a Type 'B' arterial road in the Durham Regional Official Plan, with a 30 to 36 metre right-of-way. The Regional Works Department recommends that the local municipality acquire sufficient road widening for the minimum Type 'B' arterial roadway, This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of provincial interest applicable to this application, 7,5 The Director of Development Review and Regulation for the Central Lake Ontario Conservation Authority indicated that the recommendations contained in the Environmental Impact Study prepared by Aquafor Beech Limited are appropriate. No objections to Ihe proposed Zoning By-law amendment were identified, 631 REPORT NO.: PSD-033-05 PAGE 5 8.0 STAFF COMMENTS 8.1 The applicant intends to occupy the site in September, 2005, Four portables are proposed in order to accommodate approximately 130 students. Other proposed modifications 10 the site include a gymnasium, an expanded parking area, and an additional driveway, These modifications will require Site Plan Approval. A Site Plan Application has been submitted for review by the appropriate departments and agencies. 8,2 Environmental Impact Studv 8,2,1 An Environmental Impact Study (EIS) prepared by Aquafor Beech Limited, date February 15, 2005, was submitted in support of this application, The EIS was prepared in consultation with Staff, the Central Lake Ontario Conservation Authority, and the applicant, and in accordance with the policies of the Clarington Official Plan and guidelines. The EIS concluded that no environmental features associated with the adjacent Maple Grove Wetland Complex and 'Significant Woodlands' are found on the subject property, The potential impacts the subject property could have on the adjacent wetland and woodlands were identified as follows: . Surface runoff (volume and water quality) from the property; . Groundwater recharge (volume and water quality) occurring on the property; . Minor physical disturbance to the wetland/woodland boundary from students accessing the features from the school property and indirect disturbance such as noise, etc.; . Land use practices on the property such as lawn/grounds maintenance, parking lot maintenance, application of fertilizers/pesticides, etc.; and . The existing buildings and parking areas, as well as the past usage of the property as a school may have already resulted in impacts to these features by altering surface runoff, altering groundwater recharge and causing minor physical disturbance, 8,2,2 The EIS indicated that the proposed expansion of the buildings and parking lot were minor and offered the following recommendations to address the potential impacts on the adjacent natural features, It should be noted that the recommendations will be incorporated through the site plan approval process: . The perimeter fence continue to be maintained to prevent encroachment by students into the wetland; . Proper erosion and sediment controls should be installed during construction to prevent impacts on the wetland as well as along the Nash Road ditch; . Soak-a-way pits should be installed to enhance infiltration of roof runoff thereby maintaining the water budget of the site and maintaining local groundwater levels. These should only be installed when the existing septic systems is upgraded or replaced, and in the interim, roof top runoff should be directed to grassed areas to promote infiltration as much as possible; and 632 REPORT NO.: PSD-033-05 PAGE 6 · Drainage from the expanded parking lot should be directed across grassed surfaces to the extenl possible, and the ditch along Nash Road should be maintained in a well vegetated state to provide water quality attenuation. 8.3 The applicant is simply proposing the continued use of the vacant Maple Grove Public School for its intended purpose as an educational facility, The only difference is the change in operation from a public use to a private institution. Given that no objections were received from any of the circulated departments and agencies, and the EIS revealed only minimal impacts that can be counteracted by implementing the recommendations through the site plan approval process, Staff are supportive of the proposed zoning by-law amendment. 9.0 CONCLUSIONS 9,1 The application has been reviewed in consideration of comments received from the circulated agencies, the policies of the Clarington Official Plan, the Zoning By-law regulations, and the public. In consideration of the commenls contained in this report, Staff respectfully recommends that the proposed Zoning By-law amendment contained in Attachment 2 be passed by Council. The By-law has an (H) Holding symbol. Said symbol would be removed by By-law at such time the applicant had satisfied the policies of the Clarington Official Plan with the respect to servicing, and execution of a development agreement. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law Amendment List of interested parties to be advised of Council's decision: Tim Wagner Billing Lionel Gilham Klaus Walkau Mary Lou Naccarato Libby Racansky 633 ATTACHMENT 1 , ( -- ~ PIN 26697.Q030 - o PROPOSED GYM .0Il ::. I: -:1 J:I __ [I .. -. - --.--=:=.:=--.- NASH ROAD DaOOL .- - - o Is .- - 00 - - lliJ It u :: --.-------,' j -- rt/J " C'i 0: ZBA 2004-021 Zoning By-law Amendrnent '" ~ 0: ~ " ~ OJ '" " z Owner: Durham Christian Academy 634 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 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 permit the development of a private elementary school (ZBA 2004-021): NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, Section 7,3 "SPECIAL EXCEPTIONS - RURAL CLUSTER (RC) ZONE" is hereby amended by adding thereto the following new Special Exception 7,3,13 as follows: "SECTION 7,3,13 RURAL CLUSTER EXCEPTION (RC-13) ZONE Notwithstaoding the provisions of Section 7,1, 7,2 (a), (b), (c)(i)(ii), those lands zoned RC..13 on the Schedules to this By-law may also be used for a private elementary school. Subject to the following regulations: a) b) Lot Area (minimum) 1,2 hectares Lot Frontage (minimum) 100 metres c) Yard Requirements (minimum) i) ii) Front Yard Interior Side Yard 20 metres 7,5 metres" 2, Schedule "A" attached hereto shall form part of this By-law, 3, 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 2005 BY-LAW read a second time this day of 2005 BY-LAW read a tllird time and finally passed this day of 2005 John Mutton, Mayor Patti L, Barrie, Municipal Clerk 635 ATTACHMENT 2 This is Schedule "A" to By-law 2005- , passed this day of .2005 A.D. 10g.73m ~ , I 0 <( 0 ~ E E UJ '" '" '" ...J '" S' 0; 0 ~ I ~ z I ::l ~ I I l' ) 109.73m NASH ROAD I' [22::2j Zoning Change From "RC" To "(H)RC-13" Jorn M,Jtton, Mayor Patti l. 3ar,-:e, VU:1icipal Clerk 1r-11Si' I ~l ;:1- i ~. , I ~I I ! I LJ Darlington II ~ ~; .~,o I'" !~ ~ ~II~ II ~, I" ," 1II1 [I 1ITIl' L 111~rlJJi; ~_JI : ,,0 f~ ;' ~SD] IJ ~ 636