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HomeMy WebLinkAboutPSD-002-03 .' Clw:-!l1gron REPORT PLANNING SERVICES PUBLIC MEETING Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, January 6, 2003 ~//r ZBA 2002-036 6;J/l-C03-o3 By-law #: c2003 --() 3 Report #: PSD-002-03 File#: Subject: REZONING APPLICATION APPLICANT: ONTARIO INDEPENDENT CREMATORIUMS LIMITED PART LOT 8, CONCESSION 1, FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-002-03 be received; 2. THAT pursuant to the provisions of Section 34 (17) within the Ontario Planning Act, Council deems it appropriate that a further public meeting is not warranted; 3. THAT the rezoning application submitted by Ontario Independent Crematoriums Limited be APPROVED and the by-law passed as contained in Attachment 2; and 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by' r klinWu Chief Administrative Officer D id . Crome, M.C.I.P.,R.P.P. Director, Planning Services ;~ RH*L T*DC*df 18 December 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 608 REPORT NO.: PSD-002-02 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Ontario Independent Crematoriums Limited 1.2 Agent: David Clark, Dale & Lessmann 1.3 Rezoning: To rezone the subject lands to permit the development of a cemetery in the form of a columbarium. 1.4 Site Area: 0.45 hectares (1.0 acres) 2. LOCATION 2.1 The property under consideration is located south of the Bowmanville Cemetery in Haines Road in Bowmanville (See Attachment 1). The land holdings under consideration total 0.45 hectares (1.0 ac). The property is located within Part Lot 8, Concession 1, in the former Town of Bowmanville. 3. BACKGROUND 3.1 On November 29, 2002, David Clark submitted a rezoning application on behalf of Ontario Independent Crematoriums Limited to permit, in addition to the existing crematorium, the development of a cemetery in the form of a columbarium. The columbarium would be constructed inside the existing building to permit the permanent internment of human bodies cremated at this facility. 3.2 The official plan amendment and rezoning approvals granted by Council for the crematorium use in 2001 do not permit the permanent internment of human remains on the site. As such, the applicant has not received the necessary registration to operate the crematorium from the Cemeteries Branch. 4. SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The property currently contains the partially completed crematorium building. The property is generally flat with drainage occurring to the west. 609 REPORT NO.: PSD-002.02 PAGE 3 4.2 Surrounding Uses: East - Vacant industrial land North - Bowmanville Cemetery West - Vacant industrial land South - Vacant industrial land 5. OFFICIAL PLAN POLICIES 5.1 The Clarington Official Plan designates the property as "Green Space". The establishment of a new cemetery requires an amendment to the Official Plan. Section 32.5.4 in the Clarington Official Plan permits Council to pass a by-law to recognize legal non-conforming uses or variations to similar uses, provided that the following conditions are satisfied. . It is not feasible to relocate the existing use. . The use does not aggravate the situation created by the existence of the use. . The size in relation to the existing use is appropriate. . The use is not a health hazard or a nuisance. . The neighbouring uses are protected where necessary. . The use does not adversely affect traffic, access or parking in the vicinity. 5.2 The application to permit a cemetery/columbarium conforms to the Official Plan since it would qualify as a variation to an existing use under the conditions identified in Section 23.5.4 in the following manner. . The crematorium was approved to be located in proximity to the Bowmanville Cemetery. As part of the arrangements with OIC, the Municipality will have access to the Municipality's crematorium building for office and storage of equipment related to the cemetery operation. The crematorium building also contains a chapel. Since the proposed columbarium is similar in nature to the existing and approved uses, it is an appropriate location for this use. . Since the proposed columbarium will be constructed inside the existing building, the existing situation is not aggravated. 610 REPORT NO.: PSD-002-02 PAGE 4 . Since the columbarium will be contained inside the existing building with no increase in building size, the size in relation to the existing use is appropriate. . The use is not a health hazard and will be approved by the Cemeteries Branch. . The proposed use will not have any impact on neighbouring uses. . The proposed use will not have any impact on traffic levels, access or parking in the vicinity. The development has sufficient on-site parking. 6. ZONING BY-LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural Exception (A-54) Zone", which permits a crematorium on the subject lands. Since a columbarium is not a permitted use, a rezoning application was submitted for consideration. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the lands. 7.2 No inquiries for information have been received on the application to date. 8. 8.1 AGENCY COMMENTS The application received a limited circulation. Planning Department nor the Building Division application. Neither the Durham Region have any concerns with the 9. STAFF COMMENTS 9.1 Current Provincial legislation allows a crematorium only in conjunction with the operation of a cemetery. The Cemeteries Branch has not registered the crematorium because the facility cannot accommodate the internment of human remains within the facility. 611 REPORT NO.: PSD-002-02 PAGE 5 9.2 In light of the current application, public notice was circulated to all affected properties. The public notice identified the requested zoning change to permit the development of a columbarium. Following the circulation of the public notice it was brought to Staffs attention that the Cemeteries Branch requires confirmation that the Municipality's Zoning by-law includes the term "Cemetery" as a permitted use. The current definition of cemetery in The Cemeteries Act, means......." lands set aside to be used for the interment of human remains and includes a mausoleum, columbarium and other structure.... ..". 9.3 In light of the Cemeteries Branch request and the definition contained within the Cemetery Act, Staff has no objections to amending the rezoning application to include a Cemetery as a permitted use within the current Agricultural Exception (A-64) Zone. 9.4 The Ontario Planning Act stipulates where a change is made in a proposed by- law after the holding of the public meeting, Council must be satisfied that an additional public meeting is not required. In light of the comments contained within this report, it is Staffs opinion a further public meeting is not warranted. The recommendations contained within this report have been drafted to reflect this position. 9.5 Notwithstanding the addition of a cemetery to the list of permitted uses, the agent for the Ontario Independent Crematoriums Limited has indicated that his clients do not propose to establish a Cemetery in the sense of setting land aside for the burial of human remains. The purpose of permitting a "cemetery" is to satisfy the requirements of the Cemeteries Branch for registration of the crematorium. Site plan approval was issued for the crematorium. If the applicant wishes in the future to establish a cemetery as defined in the Cemeteries Act, appropriate applications, including an amendment to site plan approval would have to be submitted for approval. 612 REPORT NO.: PSD.002-02 PAGE 6 9.6 Staff have no objections to approval of the application as it is compatible with the surrounding area, has no negative health or other physical impacts on surrounding uses and can be accommodated within the existing building. 10. CONCLUSIONS 10.1 Given that no substantive issues have been raised to date, no objections have been received from any departments or agencies, and provided that no resident concerns are raised at the Public Meeting, it is respectfully requested that the proposed rezoning application be APPROVED and the by-law passed as contained in Attachment 2. Attachments: Attachment 1 - Key Map Attachment 2 - Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: David Clark Ontario Independent Crematoriums Limited C/o Dale & Lessmann LLP Box 73 Toronto-Dominion Centre Toronto, ON M5K 1 E7 613 ATTACHMENT 1 LOT 8 LOT 7 .- z GJ 0 w Cl en 0::: <( en ~ 0 I.&J (f) 0::: () (f) (f) Z w CD 0 Z ~ () <( :5 w :c ::::> w ~ (f) z J 0::: ~ BASELINE ROAD Bowmanvllle Key Map ZBA 2002-036 Zoning By-law Amendment Owner: Ontario Independent .. Subject Site 614 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003-_ bein9 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 Clarin9ton deems it advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of Newcastle in accordance with application ZBA 2002-036 to permit the development of a cemetery in the form of a columbarium; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 6.4.64 b) "Agricultural Exception (A-64) Zone" is hereby amended by inserting the following new permitted use: "ii) Cemetery" 2. 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, R.S,O. 1990, By-Law read a first time this day of 2003 By-Law read a second time this day of 2003 By-Law read a third time and finally passed this day of 2003 John Mutton, Mayor . Patti L. Barrie, Municipal Clerk 615 ATTACHMENT 2