HomeMy WebLinkAboutPSD-090-03
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Cl!Jl-!lJgton
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, September 8, 2003
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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
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.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
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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.
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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
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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.
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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.
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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
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ZBA 2003/019
Zoning By-law Amendment
SPA 2003/025
Site Plan Amendment
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Owner: Kawartha Pine Ridge
District School Board
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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
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I{:/:td Zoning Change From "A" To "A-73"
John Mutton, Mayor
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