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HomeMy WebLinkAboutPSD-021-16 Clarington Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: March 14, 2016 Report Number: PSD-021-16 Resolution Number: File Number: ZBA2016-0001 By-law Number: Report Subject: An application by Tien Tao Sheng Xiu Temple to rezone a former public elementary school property to a place of worship Recommendations: That provided that there are no substantive concerns received at the Public Meeting: 1. That Report PSD-021-16 be received; 2. That the application for rezoning ZBA 2016-0001, submitted by Tien Tao Sheng Xiu Temple be approved and that the Zoning By-law Amendment contained in Attachment 1 to Report PSD-021-16 be passed; 3. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report-021-16 and council's decision; and 4. That all interested parties listed in Report PSD-021-16 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD -021-16 Page 2 Report Overview Tien Tao Sheng Xiu Temple is proposing to amend the Zoning By-law to change the zone of the former Lockhart Public Elementary School, from "Agricultural Exception (A-1)" Zone to permit a place of worship. Only internal changes are proposed to the building. However, required modifications to the property such as upgraded entrances and additional parking will be reviewed through a related Site Plan Approval Application. No comments have been received to date. Provided that there are no substantive issues raised by residents at the public meeting, it is recommended that the application be approved. 1. Application Details 1.1. Owner: Tien Tao Sheng Xiu Temple 1.2. Agent: Frontop Engineering Ltd. 1.3. Proposal: To change the zoning of a former public elementary school from Agricultural Exception (A-1) to permit a place of worship. 1.4. Area: 1.214 hectares (3.0 acres) 1.5. Location: 3377 Lockhart Road, former Clarke Township Roll No. 18-17-030-030-23501 1.6. Related Files: SPA 2016-0001 1.7. Within Built Boundary: No 2. Background 2.1. Lockhart Public Elementary School closed in the 1990s. The College of Renewable Energy, a private post -secondary institution, moved into the school around 2001. The operators of the private school had several discussions with municipal staff regarding legalizing the use but did not proceed. The private college closed in about 2014. When the property went on the market the current owner/applicant, the Tien Tao Sheng Xiu Temple, took an interest in it. A Pre -consultation Meeting with Planning staff and other officials was held in late September 2015. They purchased the property in December 2015. 2.2. On January 4, 2016, Planning Staff received the current rezoning application and the related site plan approval application. A Stormwater Management Technical Brief was included with the applications in support of the site plan approval application. Municipality of Clarington Report PSD -021-16 Page 3 =;, - Concession R©ad 4 X V,. E- � � '.:;r' , ,.mac+.. P.• F 'FFA Ln y` al V LO To 0v _ SUBJECT PROPERTY 3377 Lockhart Road s ro [ R Concession Roa&3Li F9 Figure 1: Location of the Property Municipality of Clarington Report PSD -021-16 Page 4 3. Land Characteristics and Surrounding Uses 3.1. The subject property and the surrounding properties are in rural Clarke Township. The property is on the east side of Lockhart Road and is generally surrounded by agricultural lands. There are 18 rural residences along Lockhart Road in Concession 3. Figure 2: Vacant School Building and Public Notice Sign on February 23, 2016 4. Provincial Policy 4.1 Provincial Policy Statement Prime Agricultural Areas, according to the Provincial Policy Statement, are for agricultural, agricultural -related uses and on-farm diversified uses. Opportunities to support a diversified rural economy should be promoted by protecting agricultural uses and directing non -related development to areas where it will minimize constraints on these uses. Non-agricultural uses in Prime Agricultural Areas are recognized, subject to specific policies and requirements in Provincial Policy Statement. Municipality of Clarington Report PSD -021-16 Page 5 This proposal will not remove land from agricultural production since the land was already excluded when elementary school was constructed. 5. Official Plans 5.1 Durham Regional Official Plan The Durham Region Official Plan designates the subject property as within Prime Agricultural Areas. The property and building are not in a key natural heritage/hydrologic feature. With the establishment of the elementary school, the property has long been removed from agricultural use. 5.2 Clarington Official Plan The Clarington Official Plan recognizes a public elementary school site within a Prime Agricultural Area. The facility pre-existed an official plan covering this area. Community uses, including places of worship, are encouraged to locate in urban areas and hamlets to enable easy accessibility by the majority of the population and, where possible to use municipal services. The proposal is to allow the conversion of a legally non -conforming use to a similar use, which is permitted. 6. Zoning By-law Zoning By-law 84-63 zones the subject property "Agricultural Exception (A-1)". The provisions of Zoning By-law 84-63 permit public uses such as public elementary schools to locate in any zone. A place of worship is only permitted in the above zone if it predates the Zoning By-law, hence, the need for a rezoning for this proposed place of worship. 7. Summary of Background Studies 7.1 Stormwater Management — Technical Brief There are no stormwater management issues as a result of the change in land use or the expansion of the gravel parking lot. The brief stated the quantity of stormwater runoff would be the same as the existing situation. Municipality of Clarington Report PSD -021-16 Page 6 Figure 3: Proposed Site Plan 8. Public Notice and Submissions 8.1 Public notice was mailed to each landowner within 120 metres of the subject property and a public meeting sign was installed on the Lockhart Road frontage. 8.2 There have been no inquiries as a result of public notice. However, before the subject applications were received, the neighbouring owner contacted the Municipality to suggest that only agricultural uses should be permitted on the property. 9. Agency and Departmental Comments 9.1 Emergency & Fire Department had no fire safety concerns. 9.2 Operations Department provided comments related to the site plan approval application, but provided no comments on the proposed rezoning. Municipality of Clarington Report PSD -021-16 Page 7 9.3 Engineering Services Department noted the applicant must demonstrate that there is adequate on-site parking to meet zoning requirements. On -street parking for the place of worship will not be permitted. Engineering Services had many other comments, all related to the site plan approval application. 9.4 Building Division noted a building permit will be required for the proposed interior renovations. Clarington development charges will not be applicable. 9.5 The Accessibility Committee offered guidance regarding the provision of: barrier -free parking spaces and related outdoor lighting, and barrier -free washrooms. 9.6 The Ganaraska Region Conservation Authority had no objection. 9.7 Canada Post had no objections to the proposal, and noted that since the existing buildings receives delivery to a rural mailbox, it will continue. 9.8 Comments have not been received from: Hydro One Networks Inc., Durham Regional Police Service, Durham Regional Planning & Economic Development Department, and Durham Regional Health Department. 10. Discussion 10.1 The Official Plan encourages community uses, including uses such as places of worship, to locate within urban areas. This would be preferred but it is not mandatory, provided that they would meet the other policies of the Official Plan. It is assumed that the temple would service a broad area and therefore its proximity within any one urban area is not essential for its worshippers. 10.2 Lockhart Public Elementary School closed in 1990's and since then, for much of the time, it has been operating as private post -secondary school. The proposal to repurpose the elementary school building provides for an adaptive reuse of an institutional structure. If it were not for the existing structure, a new community use in the agricultural area would not be permitted. 10.3 The site is just over a hectare and is therefore limited in size. There is lots of room on- site for parking. The current site plan proposes to convert the gym for up to 120 worshippers. As a place of worship, it would have the equivalent or likely even less of an impact on adjacent agricultural uses than an elementary school. It is staff's view that the proposal is appropriate for Council to recognize as a permitted use in the Zoning By-law. 10.4 There are a number of site plan items that remain outstanding at this time, such as improving the deficient entrances, lighting of the entrances, adequate on-site parking, fire routes, location of walkways and snow storage, and landscaping, which will be address through the site plan approval application process. Municipality of Clarington Report PSD -021-16 Paae 8 Staff have received no resident comments to date on this application. Most agency comments relate to the pending site plan application and will be addressed through that process. It is staffs view that this proposal is an appropriate adaptive reuse of the Lockhart Elementary School site and will not increase any potential impacts on the surrounding agricultural lands. Provided that there are no substantive issues raised at the public meeting, it is recommended that the rezoning application be approved. Not applicable. Submitted by. Davi J rome, MCIP, RPP Director of Planning Services Reviewed by. (-,.:w? Franklin Wu, Chief Administrative Officer Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(cDclarington.net Attachment: Attachment 1 —Zoning By -Law Amendment The following is a list of the interested parties to be notified of Council's decision: Lucy Lin CPIBRIdf,tg Municipality of Clarington Attachment 1 to Report PSD -021-16 Corporation of the Municipality of Clarington By-law Number 2016 - being a By-law to amend Municipality of Clarington Zoning By-law 84-63 Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, for ZBA 2016-0001; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule `2' to By-law 84-63, as amended, is further amended by changing the zone designation from "Agricultural Exception (A-1) Zone to Agricultural Exception (A-13) Zone" as illustrated on the attached Schedule W. 2. This By-law shall come into effect on the date of the passing, subject to the provisions of Section 34 of the Planning Act. By -Law passed in open session this day of '2016 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Attachment 1 to Municipality of Clarington Report PSD -021-16 This is Schedule "A" to By-law 2016- , passed this day of , 2016 A.D. 3448 3376 a 0 Q Y U O J Lot 31 Concession 3 Lot 30 Concession 3 240 ® Zoning Change From "A-1" To"A-13" N Adrian Foster, Mayor Clarke - ZBA 2016-0001 - Schedule 2 C. Anne Greentree, Municipal Clerk