HomeMy WebLinkAboutPSD-141-05
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 5,2005
Report #: PSD-141-05
By-law #:') . '
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REZONING TO PERMIT THE SEVERANCE OF THE EXISTING MANSE FROM
NEWTONVILLE UNITED CHURCH
OWNER: TRUSTEES OF THE NEWTONVILLE/SHILOH/KENDAL PASTORAL
CHARGE
File #: ZBA 2005-0050
Subject:
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-141-05 be received;
2. THAT the rezoning proposal for the severance of the existing manse from the
Newtonville United Church be referred back to Staff for further processing and
preparation of a subsequent report; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
Reviewed by:
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a J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
Franklin Wu,
Chief Administrative Officer
SAlCP/DJC/df
28 November 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-141-05 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Martindale Planning Services
1.2 Owner: Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge
1.3 Rezoning: To rezone the subject lands from the “Residential Hamlet (RH) Zone” to
an appropriate zone to permit the severance of the existing manse from
the Newtonville United Church.
2
1.4 Site Area: Total Area = 3052.1 m
22
Retained parcel = 1852.1 m Severed Area = 1200 m
2.0 LOCATION
2.1 The subject lands are located at 2041 Newtonville Road, Newtonville (Attachment 1).
The property is contained within Part Lot 8, Concession 2, in the former Township of
Clarke.
3.0 BACKGROUND
3.1 On September 22, 2005, Bob Martindale of Martindale Planning Services, on behalf of
the Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge, submitted an
application to the Municipality of Clarington to rezone the subject lot at 2041 Newtonville
2
Road to permit the severance of the existing manse with a lot area of 1200 m (0.29
2
acres.). The Newtonville United Church would retain a lot 1852 m(0.45 acres).
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject property currently contains the church, manse, a septic system for each,
and some limited unstructured parking. At this time the driveway is shared.
4.2 Surrounding Uses:
North Residential
South: Residential
East: Residential
West: Residential
5.0 PROVINCIAL POLICY
5.1 The proposed rezoning application is within the Newtonville hamlet settlement area.
The proposal is currently serviced by existing municipal water and has frontage on both
a regional road and a local road. There will be no expansion of the hamlet boundary
required or any new services required, thus the application meets provincial policy.
REPORT NO.: PSD-141-05 PAGE 3
5.2 Within the Greenbelt Plan the subject lands are designated “Hamlet”. This application
is to separate two existing uses that lawfully existed prior to the Greenbelt Plan and the
property is within the Hamlet boundary. Thus, as there is no proposed expansion to the
hamlet boundary the application meets the policies of the Greenbelt Plan.
6.0 OFFICIAL PLAN POLICIES
6.1 The lands are designated “Hamlet” in the Durham Region Official Plan. The Hamlet
designation permits a variety of housing types as well as community facilities.
6.2 The lands are designated “Hamlet Residential” in the Clarington Official Plan. This
designation permits low density residential uses, and other uses such as places of
worship. Typically all new lots on septic systems must be a minimum of 0.4 ha in area.
The Hamlet of Newtonville is serviced by a Regional water supply and thus the
minimum lot size may be reduced by providing an engineering study that demonstrates
that the soil and groundwater conditions can support reduced lot sizes without
contaminating soil or groundwater. The proposed use conforms with the Clarington
Official Plan.
7.0 ZONING BY-LAW
7.1 The subject lands are currently zoned “Residential Hamlet (RH)”. All new lots with an
2
“RH” zone are required to be a minimum of 4000 m in area. As noted above the
minimum lot area may be reduced providing a satisfactory engineering study in support
of the application is received. Thus the application has been submitted to reduce the lot
area requirements.
8.0 PUBLIC NOTICE AND SUBMISSION
8.1 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 property.
8.2 One inquiry was received for further information regarding the application.
9.0 AGENCY COMMENTS
9.1 At the writing of this report, comments have been received from Clarington Building
Division, Clarington Engineering Services, Clarington Emergency Services, LACAC and
Ganaraska Region Conservation Authority.
9.2 Clarington Engineering Services has no objection to the rezoning application but will
require each proposed lot to have its own access to an open, maintained road.
Application for access to Newtonville Road (Regional Road 18) is to be made to the
Regional Works Department.
REPORT NO.: PSD-141-05 PAGE 4
9.3 Clarington Building Division shall require that each building have a separate water
connection directly to the road allowance. If separate water connections are not
permitted or possible then an easement shall be required for the shared water service.
9.4 Ganaraska Region Conservation Authority has no objection to the rezoning application.
Permits will not be required from the Authority prior to any further development or
construction on these lands.
9.5 Comments are outstanding from Regional Works, Regional Planning, Regional Health
and Hydro One Networks Inc.
10.0 STAFF COMMENTS
10.1 The applicant has provided information to staff that the Newtonville United Church and
manse have occupied the subject parcel since approximately 1880. From a review of
air photos available to Staff, the site appears unchanged since 1992.
10.2 The current zoning permits single detached dwellings and places of worship. However,
2
each use would be required to have a minimum lot area of 4000 m. The total lot area
2
of this parcel is currently 3052.1 m and has legal non-complying status.
10.3 The Clarington Official Plan policies for Newtonville permit the reduction in lot area if
municipal water services are available and the smaller lot size is supported based on
the results of an engineering study. The lot currently has two existing separate septic
systems servicing the manse and church separately. Staff must be satisfied that if the
rezoning and severances are approved the two properties are able to accommodate
reserve tile bed areas in addition to the existing septic systems without impacting
adjacent properties. Given that the existing situation will not be altered as a result of the
severance, staff will review with the Regional Health Department the merits of requiring
a servicing study for this property.
10.4 The proposed severance will require an additional entranceway on Regional Road 18
for the manse lot. This does not meet Regional standards for access. The Region will
be reviewing whether the circumstances will warrant an exception.
10.5 The proposed severed lot containing the manse will have adequate area to provide two
outdoor parking spaces as required by the zoning by-law. The retained lot, where the
church is situated, has not historically provided structured on-site parking. There is a
driveway approximately 60 metres in length which handles some parking, and the
grassed area at the rear of the church also has occasionally accommodated some
parking. As parking has traditionally been on Church Street, staff find that the rezoning
and related land divisions will not alter the existing parking situation.
REPORT NO.: PSD-141-05 PAGE 5
11.0 RECOMMENDATION
11.1 In consideration of comments not received at the writing of this report, and that the
purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting, it
is recommended that the application be referred back to staff for further processing.
Attachments:
Attachment 1 – Key Map
Interested parties to be notified of Council and Committee's decision:
Bob Martindale
Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge
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ZBA 2005-0050
Zoning By-Law Amendment
Owner: United Church Trustees of the
Newtonville/Shiloh Pastoral Charge