HomeMy WebLinkAboutPD-101-00
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DN:P10I-OO
THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
REPORT
Report #:
PD-101-00
FILE #: COPA 99-003;
ZBA 99-035; SPA 99-052
File # T):)? of
Res. t0P/t-- eND
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By-Iaw# ~M-
Meeting:
General Purpose and Administration Committee
Date:
Monday, October 2, 2000
Subject:
CLARlNGTON OFFICIAL PLAN AMENDMENT
REZONING AND SITE PLAN APPLICATIONS
APPLICANT: ONTARIO INDEPENDENT CREMATORIUMS LIMITED
PART LOT 8, CONCESSION I, TOWN OF BOWMANVILLE
FILES: COPA 99-003; ZBA 99-035; SPA 99-052
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-101-00 be received;
2. THAT Amendment No. 21, to the Clarington Official Plan as submitted on behalf of
Ontario Independent Crematoriums Limited to permit a crematorium, chapel, and
ancillary uses and contained in Attachment 3 be APPROVED;
3. THAT the necessary by-law to adopt Amendment No. 21 be passed and that Amendment
No. 21 to the Clarington Official Plan be forwarded to the Regional Municipality of
Durham for approval;
4. THAT the rezoning application ZBA 99-035 to amend the Zoning By-law 84-63, as
submitted on behalf of Ontario Independent Crematoriums Limited, to permit a
crematorium, chapel, and ancillary uses be APPROVED IN PRINCIPLE and that the by-
law as contained in Attachment 4 be forwarded to Council at such time as an appropriate
agreement has been approved for execution between the Municipality and Ontario
Independent Crematoriums Limited; 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:
Ontario Independent Crematoriums Limited
1.2
Agent:
Dale & Lessmann
682
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REPORT NO.: PD-IOI-OO
PAGE 2
1.3 Official Plan Amendment:
To amend the Clarington Official Plan from "General Industrial Area" to
an appropriate land use designation to permit the development of a
crematorium, chapel, and ancillary uses.
1.4
Rezoning:
To rezone the subject lands from "General Industrial (M2) Zone" to an
appropriate zone to permit the development of a crematorium, chapel, and
ancillary uses.
1.5
Site Area:
0.45 hectares (1.11 acres)
2. LOCATION
2.1 The subject lands are located on the west side of Haines Street south of the Bowmanville
Cemetery in Bowmanville (see Attachment 1). Although the Municipality of Clarington
owns the property, the applicant would lease approximately 0.45 hectares (1.11 acres)
from the 4.9 hectare (12.2 acre) holding. The property in legal terms is located within
Part Lot 8, Concession 1, in the former Town ofBowmanville.
3. BACKGROUND
3.1 Council, in consideration of Staff Report ADMIN-23-99, endorsed the applicant's filing
of the appropriate applications to develop the subject lands. Accordingly, on December 6,
1999, Dale & Lessmann, on behalf of Ontario Independent Crematoriums Limited,
submitted official plan amendment, rezoning, and site plan applications to the
Municipality of Clarington. The applications seek approval to construct a crematorium,
chapel, and ancillary uses (see Attachment 2).
3.2 Revised drawings and supporting reports were submitted towards the end of July, 2000
for consideration. Some revisions will be required for site plan approval purposes.
683
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REPORT NO.: PD-IOI-OO
PAGE 3
3.3 A Public Meeting was held on January 17, 2000 to solicit comments from adjacent
residents. No member of the public spoke in opposition to or in support of the
application. Staff have never received any inquiries regarding this application.
4. SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The site is currently being used for agricultural purposes. The property is generally flat
and gently slopes towards Soper Creek. There are trees along Haines Street.
4.2
Surrounding Uses:
East
North -
West -
South -
agricultural lands and rural residential
laneway to Glecoff property abutting subject lands to the west and
Bowmanville Cemetery
agricultural lands and Soper Creek
vacant industrial lands
5. OFFICIAL PLAN POLICIES
5.1 The subject lands are designated "Employment Area" within the Durham Regional
Official Plan, which permits various employment-related uses. Section 5.3.5 recognizes
that cemeteries as necessary and essential community facilities. Established cemeteries
are permitted to expand provided they comply with the Zoning By-law. The proposed
crematorium represents an accessory function to the established Bowmanville Cemetery,
rendering an amendment to the Durham Regional Official Plan unnecessary. In addition,
the Region will not require an Environmental Impact Study.
The property was identified as having archaeological potential, and as such, the applicant
prepared an archaeological assessment of the subject lands for review by the Ministry of
Citizenship, Culture, and Recreation. The Ministry concurred with the report's findings
that nothing of archaeological significance was found. Should deeply buried cultural
remains, including human remains, be unearthed during construction, this Ministry must
be notified immediately.
The application conforms to the Durham Regional Official Plan.
684
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REPORT NO.: PD-IOI-OO
PAGE 4
5.2 Within the Clarington Official Plan, the property is designated "General Industrial Area".
Sections 18.5.8 requires an official plan amendment for the establishment of a new
crematorium. The amendment would examine issues such as:
. suitability of the location with respect to urban form and compatibility with
surrounding uses;
. ability of the road network to accommodate traffic;
. promoting an orderly extension of urban services;
. impacts on the Natural Features identified on Map "C";
. suitability of soil and ground water conditions;
. site design and other pertinent issues.
An official plan amendment application has been submitted for consideration.
6. ZONING BY-LAW CONFORMITY
6.1 The subject lands are currently zoned "Agricultural (A) Zone", which does not permit the
proposed uses on the property. Therefore, a rezoning application was submitted for
consideration.
7. AGENCY COMMENTS
7.1 The application has been sent to the following agencies for comment.
7.2 The Clarington Public Works Department has no objections to the development subject
to fulfilling the following conditions.
. Haines Street is undersized with a current right-of-way width of 16.15 metres. The
proposal must be sited to accommodate a future 1.93 metre widening of the road.
. The subject property is upstream of the CNR Tunnel Works, which were constructed
as a condition for the Lake Road industrial Plan of Subdivision 10M-831. The
685
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REPORT NO.: PD-IOI-OO
PAGE 5
developer must pay a contribution towards these oversized works. As of January 6,
2000, the cost was $6,078.26/hectare. The final cost will depend on the parcel size
ultimately leased to Ontario Independent Crematoriums Limited.
. The applicant must apply for a property access. All entrance construction costs are
the applicant's responsibility and must meet municipal standards.
. All necessary performance guarantees for entrance construction must be posted by the
applicant.
. An appropriate cash-in-lieu of parkland dedication is required.
7.3 The Clarington Fire Department and Clarington Building Division have no objections to
the proposal provided that an adequate on-site water supply for fire fighting purposes
satisfYing the Ontario Building Code is provided.
7.4 The Durham Region Public Works Department has no objections to the proposal.
Municipal services are not available to the site nor does the property abut a regional road.
7.5 The Durham Region Health Department, having reviewed the septic system servicing
plan, has no objections to the development. The site can be adequately serviced by a well
and septic system.
7.6 Central Lake Ontario Conservation has no objection to the change in land use. Lot
grading and drainage, stormwater management, and erosion and sedimentation control
plans must be approved as a condition of site plan approval.
7.7 Veridian Corporation has no objections provided that all requirements and agreements for
electrical connections are fulfilled.
7.8 The Ministry of Consumer and Commercial Relations cannot license the crematorium at
this time because the Cemeteries Act, as revised, does not allow stand-alone crematoria.
This issue will be addressed in Section 8.2 of this report.
686
o
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REPORT NO.: PD-IOI-OO
PAGE 6
7.9 The Ministry of Environment has no objections to the facility and has issued approval for
three identical cremators at this location.
8. COMMENTS
8.1 The applicant submitted an amendment to the Clarington Official Plan to permit the
proposed crematorium. Staff, in conjunction with various commenting agencies, have
reviewed the application and support the amendment for the following reasons.
Compatibility with SurroundinR Uses
The proposed crematorium facility is compatible with surrounding uses. The facility is
appropriately located to serve its intended function and operate in conjunction with the
Bowmanville Cemetery. The use would be compatible with future surrounding industrial
uses.
Traffic Impacts
Staff do not anticipate that the crematorium would negatively impact the ability of Haines
Street to accommodate traffic. Although services within the chapel will generate traffic
on Haines Street, the expected traffic volumes will not cause traffic delays or functional
problems.
Extension of Municipal Services
Although full municipal servicing would be preferable for the development, the Durham
Region Health Department is satisfied that the soil and water conditions can permit the
development to be serviced with a private well and septic system. As municipal servicing
is not crucial, the proposal would promote an orderly extension of urban services.
Environmental Impacts
The Soper Creek valley system is shown on the Natural Features Map "C" of the
Clarington Official Plan as a "Cold Water Stream", "Hazard Land", with small pockets of
"Tableland Woodlot". An Environmental Impact Study (EIS) is required if a proposal is
within 50 metres of a cold water stream or a valley land. As the proposal is approximately
200 metres from the Soper Creek valley system, an EIS is not required. The Durham
Region Planning Department has also indicated that an EIS will not be required through
its policies.
Site Plan Issues
The location of buildings, driveways, and landscaping, as well as building elevations, will
be subject to site plan approval. Issues such as on-site water supply for fire fighting
purposes, lot grading and drainage, stormwater management and property access will be
687
REPORT NO.: PD-IOI-OO
PAGE 7
resolved at the site plan approval stage. The applicant is trying to resolve the fire
protection issue by proposing acceptable building modifications that would negate the
necessity for an on-site water supply.
8.2 The Ministry of Consumer and Commercial Relations has indicated that a license for the
crematorium could not be granted because the Cemeteries Act, as revised, does not allow
stand-alone crematoria. It is the view of the Cemeteries Branch that the licence of the
cemetery and the crematorium to be the "owner" of the crematorium (in this case the
Municipality). A letter from the applicant's solicitor was received September 20, 2000
proposing to change the legal structure of the arrangements with the Municipality. The
Ground Lease would be substituted for a Construction and Management Agreement.
Staff and the Municipality's solicitor are reviewing the proposal presented by the
applicant's agent but are unable to report on this last minute change to the fundamental
structure ofthe business arrangements previously approved by Council.
As a result, staff are recommending that the rezoning application be approved in principle
only. The Zoning by-law would be forwarded to Council at such time as the revised
agreement is finalized and approved by Council for execution.
8.3 An agricultural exception zone is being recommended for the development. Although
this zone is not entirely appropriate for urban development, the current zoning by-law
does not have an appropriate urban zoning category. The cemetery also currently has an
agricultural exception zone.
9. RECOMMENDATIONS
9.1 Based on the comments contained in this report, it is respectfully recommended that
Council APPROVE Amendment #21 to the Clarington Official Plan as contained in
Attachment 3 and APPROVE IN PRINCIPLE the rezoning application. The Zoning By-
law contained in Attachment 4 to permit the development of a crematorium, chapel, and
ancillary uses will be forwarded for Council adoption subsequent to the completion of the
business arrangements between the Municipality and the applicant.
688
"
REPORT NO.: PD-I01-00
PAGE 8
9.2 The applicant will also be required to enter into a site plan agreement. Conditions of
approval include completion of all required studies and reports, and finalization of
required drawings.
Reviewed by,
d~(J~
D id J rome, M.C.I.P., RP.P.
Director of Planning & Development
RH*L T*DC*df
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
25 September 2000
Attachment 1 - Key Map
Attachment 2 - Proposed Site Plan
Attachment 3 - Proposed Amendment to the Clarington Official Plan
Attachment 4 - Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Mr. Robert Clark
Spectrum Development Solutions Limited
353 Silvercreek Parkway North
GUELPH, Ontario
NlH 1E7
Mr. David McPhail
Dale & Lessmann
Barristers and Solicitors
Box 73
Toronto-Dominion Centre
TORONTO, Ontario
M5K IE7
Mr. Paul Morris
Morris Funeral Chapel
4 Division Street
BOWMANVILLE, Ontario
LIC 2Z1
689
'.
ATTACHMENT 1
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PURPOSE:
BASIS:
ACTUAL
AMENDMENT:
IMPLEMENTATION:
INTERPRETATION:
ATTACHMENT 3
AMENDMENT NO. 21
TO THE CLARINGTON OFFICIAL PLAN
The Amendment implements a land use change to permit a
crematorium, chapel, and ancillary uses.
The Amendment is based on an application submitted by Ontario
Independent Crematoriums Limited (COPA 99-003).
The Clarington Official Plan is hereby amended as follows:
By adding Section 14.5.2 as follows:
"14.5.2
Notwithstanding Section 14.5.1, a crematorium,
chapel and ancillary uses may be permitted on land
located within Part Lot 8, Concession I, former
Town ofBowmanville."
By amending Map A3 - Land Use: Bowmanville Urban Area as
shown on Exhibit" 1".
The provisions set forth in the Clarington Official Plan, as
amended, regarding the implementation of the Plan, shall apply in
regard to this Amendment.
The provisions set forth in the Clarington Official Plan, as
amended, regarding the interpretation of the Plan, shall apply in
regard to this Amendment.
692
"
EXHIBIT "1 "
AMENDMENT No. 21 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP A3, LAND USE, BOWMANVILLE URBAN AREA
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 2000-
being a By-law to adopt Amendment No. 21 to the Clarington Official Plan
WHEREAS, Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS, the Council ofthe Corporation of the Municipality ofClarington deems it
advisable to amend the Clarington Official Plan to amend the following;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 21 to the Clarington Official Plan being the attached Explanatory
Text and Map is hereby adopted.
2. That the Clerk of the Municipality of Clarington is hereby authorized and directed to
make application to the Regional Municipality of Durham for approval of the
aforementioned Amendment No. 21 to the Clarington Official Plan.
3. This By-law shall come into force and take effect on the date of the passing hereof.
,
BY-LAW read a first time this
day of
2000.
BY - LAW read a second time this
day of
2000.
BY-LAW read a third time and finally passed this
day of
2000.
MAYOR
CLERK
694
-----.
"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000-
being a By-law to amend By-law 84-63, the Comprehensive By-law for the Corporation
of the Mnnicipality of Clarington
WHEREAS, the Conncil of the Corporation of the Municipality ofClarington deems it advisable
to amend By-law 84-63. as amended, of the Corporation ofthe former Town of Newcastle in
accordance with application ZBA 99-035 to permit the development of a crematorium, chapel,
and ancillary uses;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality ofClarington enacts as follows:
1. Section 6.4 "SPECIAL EXCEPTIONS - AGRICULTURAL (A) ZONE" is hereby
amended by introducing a new Subsection 6.4.64 as follows:
"6.4.64 AGRICULTURAL EXCEPTION (A-64) ZONE
Notwithstanding Sections 2, 3.12,3.15,6.1 and 6.3, those lands zoned (A-64) shall be
subject to the following provisions:
a) Definitions
i) Crematorium
Shall mean a building or structure erected for the purpose of cremating
human bodies under the Cemeteries Act, as amended. Ancillary uses may
include a chapel and other operational functions related to ~ cemetery.
ii) Landscaping Strip
Shall mean an area of land used for any qne or more of the planting of
trees, shrubs, flowers, grass, or other horticultural elements, such as
decorative stonework, fencing or screening.
b) Permitted Uses
i) Crematorium
c)
Regulations
i) Lot Area (minimum)
ii) Lot Frontage (minimum)
iii) Front Yard (minimum)
iv) Interior Side Yard (minimum)
v) Rear Yard (minimum)
vi) Lot Coverage (maximum)
0.45 hectares
30 metres
3 metres
5 metres
10 metres
25 percent
695
ATTACHMENT 4
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- 2 -
vii) Landscaped Open Space (minimum)
viii) Bnilding Height (maximum)
ix) Number of Loading Spaces
x) Parking Space Size
30 percent
10 metres
5.2 metres in length by 2.75
metres in width provided that
such space is perpendicular to
a landscaping strip.
xi) Section 3.15 f) is not applicable to the lands zoned "A-64".
2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from "General Industrial (M2) Zone" to "Agricultural Exception (A-64)
Zone" as shown on the attached Schedule "A" hereto.
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, R.S.O. 1990.
BY-LAW read a first time this
day of
2000.
BY-LAW read a second time this
day of
2000.
BY-LAW read a third time and finally passed this
day of
2000.
MAYOR
CLERK
,
696
.
.
'.
This is Schedule "A" to By-law 2000- ,
passed this day of ,2000 A.D.
Mayor
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NORTH EAST ANGLE
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LOT 7
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