HomeMy WebLinkAboutPSD-021-16 Addendum Clarhigton
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Report
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Clerk at 905-623-3379 ext. 2102.
Report To: Council
Date of Meeting: March 21, 2016
Addendum to
Report Number: PSD-021-16 Resolution Number: C-..
File Number: ZBA2016-0001 By-law Number: a A `?>
Report Subject: An application by Tien Tao Sheng Xiu Temple to rezone a former
public elementary school property to a place of worship
Recommendations:
1. That Report PSD-021-16 be received;
2. That Addendum to Report PSD-021-16 be received;
3. 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 2
to Addendum to Report PSD-021-16 be passed;
4. 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
5. That all interested parties listed in Report PSD-021-16 and any delegations be advised of
Council's decision.
Municipality of Clarington
Addendum to Report PSD-021-16 Page 2
Report Overview
At the Public Meeting on March 14th, four area residents spoke. They raised some concerns or
requested clarification regarding the proposed Tien Tao Sheng Xiu Temple. Some of the
matters raised were requests for additional information, much of which was provided by the
applicant at the public meeting. This Addendum Report reviews the major items raised.
1 . Purpose of Report
The purpose of this addendum report is to address the comments received at the Public
Meeting held on March 14, 2016.
2. Additional Background Information on the School Property
2.1 The following additional information has been prepared for Council's background on the
Lockhart School property:
• The subject site was deeded to the school board from the original farm parcel in
1958;
• The previous Lockhart school (SS#9) was located north of the site and was
converted to a residence;
• The school was built in 1959 and the building expanded in 1966. The school
ceased to function as a Junior Elementary School in the late eighties. However until
2000, the school was used to accommodate Kindergarten students on a temporary
basis until either existing schools were expanded or new schools constructed in
Newcastle or Bowmanville;
• In April 2001, the Kawaratha Pine Ridge District School Board approved the closing
of Lockhart Elementary School and the sale of the property;
• The school was offered to the Municipality but Council determined that there was no
municipal use for the property;
• The property was sold to Phillip Coulter later in 2001;
• Mr. Coulter sought to establish and operate the private College of Renewable
Energy (CORE), which was licensed by the Ministry of Training, Colleges,
Universities to deliver renewable energy programs; many of the students attended
under the "Second Career" program;
• Staff consistently advised Mr. Coulter that he needed to rezone the lands to
establish a private post-secondary school; a pre-consultation meeting was finally
held in November of 2013, but no action was taken on submitting an application;
Municipality of Clarington
Addendum to Report PSD-021-16 Page 3
• After years of trying to make the school viable, the property was assumed by the
mortgagees and the property was sold to Tien Tao Sheng Xiu Temple in December
2015;
• There is an easement on the property in favour of Stephen Selby for the purposes
of new drainage tile and weeping tile leading from the Lockhart School lands if
necessary to drain his farmland;
3. Congregation, Property Use and Noise
3.1 A number of the resident's questions were with respect to the religious practices of the
congregation and their intended use of the property. We are advised that the
congregation of worshippers embraces Chinese religious beliefs, particularly Confucian.
They have charitable status according to the Ontario Ministry of Government Services
and have congregated for about 10 years. The congregation comprises of approximately
125 members but they rarely gather together all at once. They have advised that
attendance at their worship services and/or teaching seminars is expected to be
approximately 50 people. Different groups of members attend different events. Of
course, there has to be some anticipation of growth over time.
3.2 They advised that worship services will be 2 to 3 times a month, and on specific days of
the week that vary from month to month based on a Chinese Calendar using lunar cycles.
The seminars will usually occur on Sundays, during a day of devotion and reflection, and
about once a month. They advised that they do not do loud chanting.
3.3 The worshippers are primarily from Scarborough and Markham although a few are from
elsewhere including Peterborough. These locations combined with easier traffic
conditions in the eastern GTA render the Lockhart Road location suitable to the
congregations needs. The Temple representatives advised that they currently worship in
a variety of locations.
3.4 The Temple has provided preliminary site plan drawings, which includes a floorplan that
shows the gymnasium/general purpose room would be converted to the worship area and
the four classrooms converted to a kitchen, a lounge/library, and two teaching rooms.
3.5 The Temple worship services and seminars occur inside the building although they
anticipate holding outdoor events occasionally, perhaps once a year. Almost any
worshipping community will have some outdoor events Therefore, noise in the
neighbourhood should not be an issue. When the building housed elementary school
students it likely was much noisier; if it the property was used for agricultural purposes
and the school converted to an equipment storage and repair, there would be noise
associated with equipment. Every land use has some noise. Staff do not think that the
proposed use would create unacceptable noise levels.
Municipality of Clarington
Addendum to Report PSD-021-16 Page 4
4. Staff Consultation with the Applicant
4.1 People are always encouraged to contact the Planning Services Department to get
information on their proposed use for lands that they are considering purchasing. Staff
have met with the Applicants Consultant and a realtor on August 28, 2015 for an early
consultation. A Pre-consultation Meeting was held September 24, 2015 with the
Consultant, another realtor, and representatives of the congregation. Municipal
Departments including the Chief Building Official outlined the issues to be addressed
from their respective perspectives. The Regional Health Department attended and
outlined requirements for the private sewage system. The Conservation Authority and
Regional Planning did not attend the meeting and provided no objection or concerns with
the proposal.
4.2 In December 2015, planning staff met the Project Manager to review details required for
the rezoning and site plan approval application forms. The applications were submitted
January 4, 2016. Since that time there has been ongoing discussion with planning staff.
5. Fair Market Value
5.1 It was noted during the public meeting, that as a result of the pre-consultation meeting,
the property sold for greater than agricultural value due to the potential to rezone the
property to allow a place of worship. As with all pre-consultation meetings, the applicants
are advised whether their proposal is considered consistent with local, regional and
provincial policy, and what studies or reports need to be submitted to address applicable
policies to create a complete application. Applicants then determine the risk and costs of
proceeding based on the information they have received.
5.2 The value of land is based on many factors. It was suggested that as a result of the pre-
consultation meeting staff unfairly tipped the value of the land to be greater than the
typical value of agricultural land. Although having the potential of being used
agriculturally, the Agriculture zone also permits a single detached home among other
uses. Therefore, an appropriate comparison could be a country residential lot with
consideration for the positive and negative aspects of the existing school building. All, or
a portion of the building could have been adapted as a residential use. While it is difficult
to determine what a fair value is, we note that even modest rural residential properties
are selling for $500,000 to $800,000.
5.3 At the end of the day, the fair market value is what a willing buyer will pay a willing seller
after accounting for the risks and benefits.
6. Converting the Lockhart School site back to Agricultural
Lands
6.1 It was suggested that given the tremendous interest in agriculture and preserving
agricultural land by the Municipality, and particularly in the Official Plan, that the
Municipality should have ensured that the school site was returned to agricultural land
use. The official plans, and indeed provincial policy, requires the balancing of objectives.
Municipality of Clarington
Addendum to Report PSD-021-16 Page 5
So in addition to the objectives of"preserving agricultural lands for farming purposes", the
"stewardship of agricultural lands for future generations" and "directing non-farm uses to
settlement areas", the Official Plan seeks to "provide a range of activities, facilities and
services to meet the evolving needs of residents...".
6.2 Ideally, a community facility, such as a place of worship, would have been located in a
settlement area, as noted in Report PSD-021-16. So too would many of the residential
dwellings located in the rural area now occupying prime agricultural land. However, we
are dealing with past decisions by landowners that have resulted in the land uses we find
today. In 1958, municipal approval would not have been required to sever the lands for
the Lockhart School parcel. Given that it exists, there is no mechanism for the
municipality to "force" consolidation of rural land parcels. These lands could have been
sold and used for any purpose currently permitted in the Zoning By-law, including
conversion to a single detached home. In this particular case, the applicant proposed
another community use which Council can determine whether it wishes to allow.
6.3 While the Official Plan addresses the preservation of agricultural lands, it does not speak
to the conversion of non-agricultural lands back to agriculture. Even with the
consolidation of farm parcels, the Official Plan provides for the farm house rendered
surplus to be severed and used for residential purposes, rather than being returned to
agriculture.
7. Residential Uses Permitted in the Existing Zone
7.1 The property is currently zoned "Agricultural Exception (A-1)". This zone allows a single
detached dwelling, a converted dwelling (a single detached dwelling existing in
September 1984, converted into apartments), and a home occupation. In addition to a
farm, the other non-residential uses permitted include; cemeteries and places of worship
which existed prior to the date of passing of the By-law; a wayside pit or quarry, and
forestry and conservation uses.
7.2 The previous use of the building by the College of Renewal Energy, including associated
dorm rooms and apartments was not legally permitted in the "A-1" zone. The apartment
within the existing building, as described by Mr. Halen, is also not legally permitted under
the current zoning. The Temple has allowed Mr. Halen to continue to reside rent free in
the building with his daughter. They wold move out if the zoning is approved and site
plan is approved for the place of worship.
7.3 The owner of the College of Renewal Energy had completed a pre-consultation meeting
with the intent of rezoning the property to legalize the use. Had a rezoning been
approved to allow a private school on the property; a private school by definition may
include boarding houses for registered students of such school.
8. Residential Use within a Place of Worship
8.1 Should Council support the rezoning application the proposed by-law in Attachment PSD-
021-16 recommends rezoning the lands to "A-13" which permits a 'place of worship' in
addition to the other uses permitted in the Agricultural (A) zone. This approach continues
Municipality of Clarington
Addendum to Report PSD-021-16 Page 6
to allow the lands to be used for a farm in the future, without rezoning, should the temple
move from this location. In addition to the place of worship and the uses permitted in the
A-1 zone, as noted in the paragraphs 7.1 above, the zone would permit a fur farm, riding
and boarding stables, seasonal farm produce sales outlet and a private kennel.
8.2 The zoning by-law defines a `place of worship' as meaning "a building dedicated to
religious worship and includes a church or synagogue and may include such accessory
uses as a nursery school of religious education, convent, monastery or parish hall". As
can be seen living accommodations are part of the definition of place of worship and
accommodations for the minister or priest have historically been interpreted to be a
component of a place of worship.
8.3 The applicants have advised that due to distances that people may need to travel to the
temple, there may be a need for some people to stay overnight from time to time. There
has not been a need identified for an apartment in the unit for an individual or family to
live in regularly. The use within the building for occasional overnight stay is not
considered an apartment /residential unit.
8.4 The two rooms identified at the recent site visit for overnight stay could be considered an
accessory use. It has some similarity to concept of a rectory which is permitted except
that the rectory is intended as a permanent residence for the clergy. Out of an
abundance of caution, it is recommended that this use be explicitly recognized in the
proposed rezoning of the property, so that there is no doubt about interpretation.
Accordingly a new special exception zone is now recommended.
9. Renovations and Permits
9.1 Building permits will be required for internal renovations in accordance with the Ontario
Building Code. The extent of the internal renovations will be confirmed through
processing of the site plan application. The Chief Building Official participated in the pre-
consultation meeting and advised the applicant of what was required.
9.2 When Mr. Halen spoke of "renovations" at the Public Meeting, we believe he was
referring to the general clean-up of the property, the removal of Styrofoam room dividers
in the gymnasium/general purpose room, workshop equipment and storage cabinets, and
painting. During a visit to the property following the public meeting, we confirmed that
there had been no new construction.
Municipality of Clarington
Addendum to Report PSD-021-16 Page 7
' 1
Figure 1 — Gym/General Purpose Room March 16, 2016
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Figure 2 - Classroom for Future Lounge March 16, 2016
10. Traffic and Parking
10.1 Should the rezoning be approved, the Temple will be required to modify their site plan to
increase the number of parking spaces from the currently proposed 30 spaces. After
rezoning, the parking spaces matter will be finalized in detail through the site plan
approval application process. It is intended that all of the Temple's parking requirements
Municipality of Clarington
Addendum to Report PS®-021-16 Page 8
will be met through on-site parking. This will help with traffic management on Lockhart
Road.
10.2 Engineering Services has not identified any traffic problems on Lockhart Road as a result
of this proposal. The congregation is to have a maximum of approximately 125 members
on site at any one time which is really insignificant to the overall road operation.
11 . Public Notice
11.1 The Ontario Planning Act requires as a minimum notice for a public meeting, when being
mailed, to be sent to all property owners within 120 metres of the subject property. Ms.
Choloniuk is located approximately 850 metres from the property. As Council is aware,
the notice by personal mail and the Public Notice signs are intended to work together. In
this case, that combined approach allowed for Ms. Choloniuk to become aware of the
proposal.
12 Conclusion
12.1 The property is currently zoned Agriculture Exception (A-1). In consideration of this
application, Council should be cognizant that more than farm-related uses are permitted
in this zone. For example, a single detached dwelling and a place of worship are
permitted, provided that the place of worship existed before 1984.
12.2 While it is an important planning objective to retain agricultural lands and to minimize
impacts from non-agricultural uses on farming, many of these non-agricultural uses,
including the 18 rural residences along this section of Lockhart Road, are the result of
decisions made by previous generations and prior to the strengthening of agricultural
policies. In these or similar cases, planning policy seeks to minimize future impacts from
these decisions while allowing for changing circumstances.
12.3 It is Staff's view that the proposed place of worship by the Tien Tao Sheng Xiu Temple is
an appropriate adaptive reuse of the Lockhart Elementary School. It will not increase any
potential impacts on the surrounding agricultural lands than it would if it continued to be
used as a rural residence or a school. With respect to other residential uses along
Lockhart Road, from the information provided about the size of the congregation, their
vision for the future use of the site and their religious practices, the Temple should not
have an unacceptable impact due to noise, traffic, or parking. It is recommended that the
rezoning application be approved.
12.4 Many of the concerns were in consideration of its impact on agricultural uses. Staff's
analysis remains the same: the agricultural use of this property ceased in 1958. The
proposed place of worship is an adaptive reuse of a building and site of a former
community facility that is appropriate. A country residential or a farm use would also
have been equally appropriate, without the need for a rezoning. However, that is not the
intended use by the successful purchaser of the property.
Municipality of Clarington
Addendum to Report PSD-021-16 Page 9
Submitted by: ZA� Reviewed by:
D vi J. Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(c-clarington.net
Attachment:
Attachment 1 — Report PSD-021-16
Attachment 2 — Proposed Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
Lucy Lin
Stephen Selby
Patty Choloniuk
Ron Lalley
Kenny Leung
Janet Liang
CP/BR/tg/av
Attachment 1 to Addendum
to Report PSD-021-16
cliffingtoll
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
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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.
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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
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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 Page 8
11. Conclusion
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 staff's 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.
12, Strategic Plan Application l
F
Not applicable.
' lr'
Submitted by: - Reviewed by
David JLM rome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Bob Russell, Planner 11, 905-623-3379 ext. 2421 or brusset I(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
CP/BRldf,tg
Attachment 1 to
Municipality of Clarington 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.
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Lot 31 Concession 3 Lot 30 Concession 3
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® Zoning Change From"A-1"To"A-13" N
Acrian=oster.Mayor Clarke • ZBA 2016-0001 Schedule 2 C.Anne Greentroe,Municipal ClerK
Attachment 2 to Addendum
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. By-law 84-63 is amended as set out in Sections 2 through 4 of this By-law.
2. Section 6.4 "SPECIAL EXCEPTIONS —AGRICULTRURAL (A) ZONE" is hereby
amended by adding thereto new Special Exceptions as follows:
"SECTION 6.4.90 AGRICULTURAL EXCEPTION (A-90) ZONE
Notwithstanding Sections 6.1 and 6.3, those lands zoned A-90 on the schedules to
this By-law may, in addition to the other uses permitted in the Agricultural (A) Zone,
be used for a Place of Worship with accessory rooms for overnight stay, subject to
the following provisions:
a. Lot Area (minimum) 1.0 hectares
b. Lot Frontage (minimum) 30 metres
c. Yard Setback (minimum)
i) Front Yard 10 metres
ii) Exterior Side Yard 10 metres
iii) Interior Side Yard 10 metres
iv) Rear Yard 10 metres
d. Height (maximum) 10.5 metres
e. Landscaped Open Space (minimum) 20 percent
f. Rooms for Overnight Stay (maximum) 2
g. Floor Area of each Room for Overnight Stay (maximum) 14 square metres"
3. 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-90) Zone" as illustrated on the attached Schedule W.
4. 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
This is Schedule "A" to By-law 2016- , passed this day of , 2016 A.D.
3448
3376
Q
U
0
Lot 31 Concession 3 Lot 30 Concession 3
240
® Zoning Change From "A-1" To "A-90" N
Adrian Foster, Mayor Clarke • ZBA 2016-0001 • Schedule 2 C.Anne Greentree,Municipal Clerk