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HomeMy WebLinkAboutPSD-090-03 .; ,-~ / Cl!Jl-!lJgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8, 2003 "'D I Y. GPFI - 3;)1- 0'3 By-law #: <:9003- I;)~ Report #: PSD-090-03 File #: ZBA 2003-019 Subject: REZONING APPLICATION APPLICANT: RICHARD BOUMA ON BEHALF OF HOPE FELLOWSHIP CHRISTIAN REFORMED CHURCH 1685 BLOOR STREET, COURTlCE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-090-03 be received; 2. THAT the rezoning application submitted by Richard Bouma on behalf of Hope Fellowship Christian Reformed Church be APPROVED and the by-law be passed as contained in Attachment 2; and 3. THAT the Region of Durham Planning Department and all interested parties listed in this report and any delegation be advised of Council's decision. avid J. Crome, M.C.I.P., R.P.P. Director, Planning Services --dft~ . .d-x Franklin Wu -f)' Chief Administrative Officer EC*L T*DJC*sh 28 August 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 .~, , REPORT NO.: PSD-090-o3 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: Hope Fellowship Christian Reformed Church (Agent: Richard Bouma) 1.2 Location: Site of the vacant Courtice Public School on the south side of Bloor Street, east of Trulls Road, west of Courtice Road, known as 1685 Bloor Street, Courtice, Part of Lot 30, Concession 1, Darlington (Attachment 1). 1.3 Rezoning: To rezone the properly from "Agriculture (A)" to a zoning category allowing the site to be used for a church and/or related church activities. 1.4 Site dimensions: The subject property has an area of 1.2 hectares (2.98 acres), a frontage of 91.44 metres (300 feet) and a maximum depth of 131.98 m (433'). 2.0 BACKGROUND 2.1 On May 21, 2003, Richard Bouma on behalf of the Hope Fellowship Christian Reformed Church submitted an application for zoning amendment and site plan approval for the vacant school they were in the process of purchasing from the Kawartha Pine Ridge District School Board. 2.2 The vacant five classroom school was built in 1959 and no longer met the needs of the school board. 2.3 The Church hopes to use the building as an office area, for meetings of Church Council and youth groups and for other Church related activities. Although not requested as part of their site plan application, in the future, the Church may wish to expand the existing building to include a worship area on the site. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The properly is occupied by a 647.51 m2 (6970 sq ft), five classroom, single floor, brick school building. As municipal water and sewers do not service the area, the school is serviced by a private well and septic system located on the property. A small metal clad shed in also on the property. The vacant school is located approximately 22m (72 feet) from the front property line, 12m (40 feet) from the eastern properly line, 40m (132 feet) from the western properly line and 85m (280 feet) from the rear property line. The shed is located approximately 16m (52 feet) from the front properly line and 13m (42 feet) from the western side properly line. 6a2 .;- $ REPORT NO.: PSD-090-o3 PAGE 3 3.2 Surrounding Uses: North - Agricultural South - Agricultural East - Agricultural West - Agricultural As part of the submission, the applicant advises the nearest livestock facility is a beef barn 405 metres (1329') away and the nearest manure storage is 450m away. The beef barn has a housing capacity of approximately 40 cattle. According to the Ontario Ministry of Agriculture and Food's "Minimum Distance Separation (MDS)" guidelines, the minimum separation for a new institutional use from that type of barn and manure storage should be 300 metres. As such, the location of the former school meets the MDS requirements. 4,0 OFFICAL PLAN POLICIES 4.1 The Durham Region Official Plan designates the properly as "Employment Area" within the "Urban Area" boundary of Courtice. The properly is part of a "Light Industrial Area" designation in the "Courtice Urban Area" of The Clarington Official Plan. 11.5.2 The predominant use of land in the Light Industrial Areas shall be manufacturing, assembling, processing, fabricating, repairing, research and development and warehousing. Certain commercial, community and recreational uses, including banks, restaurants, athletic clubs, banquet facilities, and fraternal organizations, are permitted provided they are limited in scale and provide services to employees of the Employment Area. 4.2 Despite the fact that a school or church is not consistent with the intended use of the "Light Industrial Area" as outlined in section 11.5.2, Section 23.5 concerning Non-Conforming uses states that "It is not possible or desirable to recognize all existing uses in the Official Plan. " Section 23,5.4 advises: 23.5.4 Prior to passing a by-law to recognize the continuation, expansion, or enlargement of a non-conforming use, or the variations to similar uses, Council shall be satisfied that: a) it is not feasible to relocated the existing use; b) it does not aggravate the situation created by the existence of the use, especially in regard to the policies of this Plan and the requirements of the implementing Zoning By-law; c) the size is appropriate in relation to the existing legal non- conforming use; d) it does not generate noise, vibrations, fumes, smoke, dust, odours, or lighting so as to created a public nuisance or health hazard; 603 ...~, REPORT NO.: PSD-090-o3 PAGE 4 e) the neighbouring conforming uses are protected, where necessary, by the provision of landscaping, buffering, screening and other measures; and f) it shall not adversely affect traffic, access or parking conditions in the vicinity. 4.3 The vacant school fronts on Bloor Street. That section of Bloor Street is a Regional Road that is designated as a ''Type A Arterial" in the Clarington Official Plan. Nearby Courtice Road is also a "Type A Arterial". ''Type A Arterials" are to be designed to efficiently move large volumes of traffic at an operating speed of 70km/hr in urban areas. With a right-of-way width of 36 to 50 metres, access in an urban area is to be limited to every 200 metres of road. 4.4 The area north of the subject property, north of Bloor Street, is in a "Future Urban Residential" designation of the Clarington Plan. "Future Urban Residential" areas shall only be used for agricultural purposes. 4.5 The proposed church use is normally not permitted in the "Light Industrial Area" designation of the Clarington Official Plan. However, because it is similar to the existing school use, it may be permitted on the site under the Section 23.5.4 of the Clarington Official Plan as a variation to a similar use. 5.0 ZONING BY-LAW 5.1 The subject property is in an "Agricultural (A) Zone". Only places of worship which existed prior to the date of passage of the by-law (September 10, 1983) are permitted, hence the necessity for the rezoning application. 6.0 PUBLIC NOTICE AND SUBMISSIONS 6.1 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 subject lands. 6.2 To date, the Planning Services Department has not received any inquiries or comments concerning the proposed zoning amendment. 7.0 AGENCY COMMENTS 7.1 The Durham Region Planning Department commented that church facilities are permitted in the "Employment Area" designation of the Regional Official Plan. They have also indicated that the Bloor Street right-of-way will require widening and one of the two accesses to the site will have to be eliminated as part of the site plan agreement process. 604 , REPORT NO.: PSD-090-o3 PAGE 5 7.2 The Durham Region Works Department specified that a widening of the right-of- way of approximately 8m will be required. The requirement will be taken through the Site Plan process. 7.3 The Central Lake Ontario Conservation Authority and the Durham Health Department offered no objections to the rezoning. 7.4 Engineering Services' comments concern parking, parkland contribution and design of works that will be addressed as part of the site plan agreement process. 8.0 STAFF COMMENTS 8.1 Places of worship should preferably be located in serviced urban "Central Area" or Urban Residential areas. However, the proposed use is similar to the previous use, a school, and it is improbable that the existing building could be used for any of the permitted uses in the "Agriculture (A) Zone" or as intended in the "Light Industrial" designation of the Official Plan. 8.2 The site of the proposed zoning amendment is on the northern limit of the "Light Industrial Area" within the Courtice urban area. The site is approximately 1km away from the existing built up residential area in Courtice. The site is across the street from residentially designated lands, expected to develop once full municipal services become available. 8.3 Traditionally, places of worship serve the residents of the immediate area who often lived within walking distance. Today, for various reasons, some places of worship serve much larger areas and attract people from much further away. For the religious organizations that operate these places of worship, available parking and transportation links are more important than the proximity of existing or future neighbourhoods. The proposed site by the Hope Fellowship Christian Reformed Church offers plenty of parking and regional transportation links. 8.4 The rezoning should only allow uses that are consistent with the policies of the "Light Industrial Area" designation or the implementation section of the Clarington Official Plan. Therefore, some uses that are currently permitted on the site, such as a residential use, should be removed with the zoning amendment. As well, special attention should be given to the minimum setbacks and minimum lot area to avoid unnecessarily giving the building and property a legal non-conforming status as a result of the Bloor Street right-of-way widening (part of the site plan agreement process). 8.5 The majority of comments received from the commenting agencies were items that will be implemented through the site plan approval process. 605 REPORT NO.: PSD-090-o3 PAGE 6 8.6 Although it is not common practice to recommend approval of rezoning applications through the public meeting report, subject to comments at the public meeting, staff would have no objections to the approval of the application as filed in light of the positive comments received from the various agencies and the acknowledgement that no inquiries or concerns were raised through the mail circulation to abutting properly owners. 9.0 RECOMMENDATIONS 9.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - By-law Interested parties to be notified of Council's decision: Richard Bouma Hope Fellowship Christian Reformed Church 383 Adelaide Ave. East, Oshawa ON L 1 G 2A2 The Regional Municipality of Durham Planning Department, 4th Floor Lang Tower, PO Box 623, W. Building 1615 Dundas Street East Whitby, ON L 1 N 6A3 606 BLOOR ATTACHMENT 1 SlREET ~ _ _ OJ ..'it'W~u...-cr#l!7WVl'~'i3:' - ~~t-- - ~'~~-~~~~-:1-=-- (-~~-- _~;~3f(:~~'-~'--'~~~:~;-:-~'~~:~~-~~-~ ) N7103B'OOM[ 91.44" I '.'~' ~JI:; i ' i. ~V. "~---'--l I,:. .. r=:-t I .~.. / . ~J' ,'-. -TC--- -,. ''-,'-~ Sr',""-;, J-~"':~=~-i~..Tl-r :. "/ -. 'l! ~'i -- 4" ..<[.0= ..L-i 1. , i " "'~1/1." " ,.c-........... ! / I ' - n_ . -:;;.;j .-. . I I I ! ' '" ." ;;; l' o on '" 1- Z .. 1.,< " r .,~ N71031'OO.E Courtice Key Map ~ " j => 1= ~ " j => 1= / I., '-..~ " " ----/...j o "! ;;; .. y-.--------" ( \ " ---El '"'----..----------- l' o on '" 1- z .' .' .' A!l[A,_2,9Bd<r.. .' 91.44 J ZBA 2003/019 Zoning By-law Amendment SPA 2003/025 Site Plan Amendment .. .., lE " :;" " => Cl Owner: Kawartha Pine Ridge District School Board .J 6rJ7 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of 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 Corporation of the former Town of Newcastle in accordance with the application ZBA 2003-019 to permit the site to be used as place of worship or for activities related to a place of worship; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as foliows; 1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE" is hereby amended by adding the following new Section 6.4.73 as follows: "6.4.73 AGRICULTURAL EXCEPTiON (A-73) ZONE" Notwithstanding Section 6.1, those lands zoned A-73 on Schedules to this by-law shall only be used for a place of worship and ancillary uses subject to the following regulations: a) b) c) Lot Area (minimum) Lot Frontage (minimum) Yard Requirements (minimum) i) Front Yard ii) Exterior Side Yard iii) Interior Side Yard iv) Rear Yard 4000 square metres 90 metres 7.5 metres 7.5 metres 3 metres 10 metres 2. Schedule 1 to By-law 84-63 as amended is hereby further amended by changing the zona from: "Agriculture (A) Zone" to Agricultural Exception (A-73) Zone" . 3. Schedule "A" attached hereto shall form part of this By-law. 4. 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 2003 BY-LAW read a second time this day of 2003 . day of 2003 BY -LAW read a third time and finally passed this John Mutton, Mayor Patti L. Barrie, Municipal Clerk 608 ATTACHMENT 2 This is Schedule "A" to By-law 2003- passed this day of .2003 A.D. BLOOR STREET -----:t--.~-~,~? .--r,~-.;y?c2y(;,-]~~~_:--~,'~~.:-- L ,. N71'JB'OO"E 91.#.7 I ,--I.'" llif~'&"'f !@.f*~Jml!ffii1.1 ~ tJ!'lll,~rfJll j 1 ill~'~~['lllmlllllr.i ! .. ..... ..... t-...I....<^ ."........ .... ...... ... '-'i; N71'Jl'OO"E 91.<< , I{:/:td Zoning Change From "A" To "A-73" John Mutton, Mayor ~ '" ~ ::> ~ ~ ~ ::> 1= Courtlce 6t1G J J Patti L. Barrie, Municipol Clerk w U ~ ::> o u ... '" o o '" :> I! J