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Home My WebLink AboutPD-8-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: DEV95081.GPA REPORT t Meeting: General Purpose and Administration Committee File #- :/" s' b Date: Monday, January 22, 1996 Res. # c4fl- °� >� Report #: PD -8 -96 File #:DEV 96 -081 By -law # Subject: REZONING APPLICATION - APPLICANT: ARNOTT WOTTEN PART LOT 26, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 95 -081 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -8 -96 be received; 2. THAT application to amend the Comprehensive Zoning By -law 84 -63, as amended, of the former Town of Newcastle, submitted by D. G. Biddle & Associates, on behalf of Arnott Wotten be APPROVED; 3. THAT the amending by -law attached hereto be forwarded to Council for approval; 4. THAT a copy of this report and the amending 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. APPLICATION DETAILS 1.1 Applicant: Arnott Wotten 1.2 Agent: D. G. Biddle & Associates 1.3 Rezoning Application: from "Agricultural Exception (A -1)" to an appropriate zone to permit the expansion of a legal non- conforming parking lot, accessory to a place of worship. 1.4 Land Area: 0.134 ha (0.33 acre) .... 2 REPORT NO. PD-8-96 PAGE 2 2.1 The subject property is located just west of the Hamlet of Solina on the north east corner of Concession Road 6 and Werry Road and is described as being in Part Lot 26, Concession 6, former Township of Darlington. 3.1 The subject rezoning application was received by the on November 27, 1995. The application is to allow Eldad United Church to expand their existing legal non- conforming parking lot (0.045 ha (0.11 acre), by approximately 0.089 ha (0.22 acre) to 0.134 ha (0.33 acre). Although the existing parking lot and proposed addition are on the north east corner of Concession Road 6 and Werry Road the church itself is located on the north west corner of the intersection. 3.2 The 0.089 ha land area which is to support the proposed expansion is currently part of a 24 ha (59.3 acre) agricultural operation which surrounds the existing parking lot. In addition to the rezoning application, the applicant has also filed an application with Durham Region for land severance. Said application was scheduled for a meeting on January 15, 1996. Staff provided favourable comments on the consent application, subject to conditions of approval, including rezoning of the subject property. 4 EXISTING AND SURROUNDING USES 4.1 The existing site is partially used as parking lot and the balance of the land is vacant being part of a larger agricultural operation. 4.2 Surrounding land uses are as follows: South: agricultural East: agricultural and hamlet residential North: agricultural West: Eldad United Church and agricultural ....3 502 REPORT NO. PD -8 -96 PAGE 3 5.1 A Public Notice sign was installed on the subject lands prior to December 22, 1995. In addition, the appropriate notice was mailed to each landowner and tenant within the 120 metre prescribed distance. No inquiries or submissions have been received. • - 1 6.1 Within the Durham Regional Official Plan the subject property is designated Permanent Agricultural Reserve. Places of Worship are not permitted within this designation. Section 20.4.4 of the Durham Region Official Plan allows a local Council, at their sole discretion, to zone to permit the continuation, expansion or enlargement of legally existing uses, subject to four provisions. The expansion shall: a) have no adverse effect on the present uses of the surrounding lands or the implementation of the Durham Plan; b) have regard for the agricultural code of practice; c) be accessible by a road maintained year round; and d) be subject to conditions which may be contained in an area official plan. 6.2 The Official Plan of the former Town of Newcastle does not designate land in the rural areas of the Municipality and the subject property is beyond the Hamlet of Solina boundary. 6.3 In the Municipality of Clarington Recommended Official Plan the subject lands are designated Prime Agricultural Area. Places of Worship are not permitted in this designation. However, Section 23.5.4 and 23.5.5 allow Council to pass a by -law permitting the extension or enlargement of legal non - conforming uses subject to six conditions. BIALMAM ...4 REPORT NO. PD -8 -96 PAGE 4 6.4 Prior to approving a by -law to extend or enlarge a non - conforming use, Council must be satisfied that: a) it is not feasible to relocate the existing use; b) it does not aggravate the situation created by its existence; c) the size is appropriate in relation to the existing legal non - conforming use; d) it does not generate noise, smoke odours, etc. to be become a public nuisance or health hazard; e) the neighbouring conforming uses are protected, where necessary, by landscaping, buffering screening, etc; and f) it shall not adversely affect traffic, access or parking conditions in the vicinity. 7 ZONING 7.1 The current zoning on the subject property is "Agricultural Exception (A -1) ". This zone category recognizes existing places of worship only. Expansion to the use requires rezoning. 8 AGENCY COMMENTS 8.1 The subject application was circulated to a number of agencies and departments for comment. 8.2 Comments have been received from all agencies and departments circulated. No objection has been received from any of these departments or agencies. 9.1 The application proposes to expand the existing legal non - conforming parking lot for the Eldad United Church located just outside the Hamlet of Solina. The church has been in existence since the 1850's. The site of the parking lot was ....5 W REPORT NO. PD -8 -96 PAGE 5 acquired by the church in 1917. At that time the site was used for the purposes of providing a livery for horse and buggy during various church functions. Over time the site was converted to a parking lot and the livery was demolished. 9.2 Staff have reviewed the requirements of the Durham Official Plan and the Recommended Clarington Official Plan, for zoning by -law amendments to expand legal non - conforming uses. Staff are satisfied that expansion of the parking area would not aggravate the existing situation and would not be impacted by the agricultural code of practice. The site has access to Concession Road 6, which is maintained year round. The size of the expansion is appropriate relative to the existing parking area and the size of the church and it will not cause a nuisance or health hazard. Furthermore, given the limited finances available to places of worship and the community function the church provides, it is not feasible or desirable to relocate the parking lot and /or church. Finally, expansion of the existing non - conforming parking lot increases the safety for people attending church functions and passing motorists by reducing the amount of on- street parking. 10 CONCLUSION 10.1 This application is not complex and Staff do not anticipate any public objection to its approval. Furthermore, no agencies have indicated any concerns. Accordingly it is recommended that the application be approved at this time. 505 REPORT NO. PD -8 -96 PAGE 6 CP *DJC *cc Reviewed by, r. W. H. Stockwell Chief Administrative Officer Attachment # 1 - Key Map Attachment # 2 - Site Plan Attachment # 3 - Zoning By -law Amendment January 15, 1996 Interested parties to be notified of Council and Committee's decision: Arnott Wotten 1933 Concession Road 6 HAMPTON, Ontario LOB 1 JO D. G. Biddle & Associates Limited 96 King Street East OSHAWA, Ontario L1 H 1136 506 507 m I I o I w 92'6Z M.SI.ZI.gl N I N I I / _ I 00 0 M v 00 Imo— - - -- to M N I W I I (D �d�6 °o N ® to -- � - I p -.J o I ►e) to — I bd'y Z I to l3k, N 1 r N - -� I N I 4 6- -w �i -I- O yu- !--6z M «S1 .el P / -N - - - I r L- ro I o 1:2 ti I I I uil I I N ILo 0 I I I I I ~ � Z I W 9e. 60I ' �l-�S�l O-1 8-1 N WERR Y ROAD ATTACHMENT #2 508 • H v J QJ v v THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 96- 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 permit the expansion of an existing parking lot associated with a place of worship (95 -081). NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "1" to By -law 94 -63 as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A -1)" to "Agricultural Exception (A -51) ", as illustrated on the attached Schedule "A" hereto. 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 Sections 34 of the Planning Act. BY -LAW read a first time this day of 1996. BY -LAW read a second time this day of 1996. BY -LAW read a third time and finally passed this day of 1996. MAYOR CLERK This is Schedule "A" to By —law 96— , passed this day of , 1996 A.D. i LOT 26, CONCESSION 6 I 45.74 N7Z21'00 "E Q 3 6LO ` lV Z N N CONCESSION ROAD 6 ®ZONING CHANGE FROM "A-1" TO "A-51" 0 5 10 15 m 5 m Mayor Clerk LOT 27 LOT 26 LOT 25 - - - - -- 0 o 0 0 z z O r J N 0 (n W W Ld U z O U 4 CO C S ON ROAD 6 � ON U z O DARLINGTON U