Report To: From: Development Services Committee Commissioner, Development Services Department tem: DS-09-267 File: 2-06/2008 Subject: Revised Applications to Amend the Samac Secondary Plan and Zoning By-law No. 60-94 Part of 787 Conlin Road East (fronting onto Wilson Road North) Harmony Heights Congregation of Jehovah's Witnesses PUBLC REPORT Date of Report: June 10,2009 Date of Meeting: June 15,2009 Ward: 7 1.0 PURPOSE The purpose of this report is to provide a recommendation on revised applications submitted by Harmony Heights Congregation of Jehovah's Witnesses to amend the Samac Secondary Plan and Zoning By-law No. 60-94 to permit a church with a minister's residence on the southeast portion of 787 Conlin Road East which fronts onto Wilson Road North. The minister's residence is proposed on the main floor at the rear of the church. A church by definition in Zoning By-law No. 60-94 may include such uses as an assembly hall, an office for a clergyman, a daycare centre or a rectory or parsonage as accessory uses. The subject site is currently owned by Rizzieri and Ermelinda Longo. The applicant has entered into a purchase and sale agreement with the current owners. f the subject applications are approved, it is intended that the subject site be severed through the Land Division process from the balance of the property at 787 Conlin Road East. Exhibit No. 1 is a map showing the location of the subject site and the zoning for the area. Exhibit No. 2 is a copy of the original site plan submitted by the applicant that was considered at the June 9, 2008 pu,blic meeting. Exhibit No. 3 is a copy of the revised site plan submitted by the applicant in response to certain technical issues raised by City staff and other agencies. A public meeting was held on June 9, 2008 concerning the subject applications. At its conclusion, the Development Services Committee adopted a recommendation to refer the subject applications back to staff for further review and the preparation of a subsequent report and recommendation. The minutes of the public meeting form Attachment No. 1 to this report.
Services Committee (Continued) -2- Meeting Date: June 15,2009 The key differences between the original site plan (Exhibit No. 2) and the revised site plan (Exhibit No. 3) are as follows: The southern development limit related to the Oshawa valley setback has been adjusted in certain areas to reflect the future stable top of bank and a buffer setback; Two additional barrier-free parking spaces have been added to the site plan and one limited mobility parking space has been provided; and The parking area has been redesigned. 2.0 RECOMMENDATON That the Development Services Committee recommend to City Council: 1. That, pursuant to Report DS-09-267 dated June 10, 2009, the application submitted by Harmony Heights Congregation of Jehovah's Witnesses to amend the Samac Secondary Plan to permit a church with a minister's residence on the southeast portion of 787 Conlin Road East which fronts onto Wilson Road North be approved in accordance with the comments contained in the above-noted Report. 2. That, pursuant to Report DS-09-267 dated June 10, 2009, the application submitted by Harmony Heights Congregation of Jehovah's Witnesses to amend Zoning By-law No. 60-94 to permit a church with a minister's residence on the southeast portion of 787 Conlin Road East which fronts onto Wilson Road North be approved in accordance with the comments contained in the above-noted Report. 3. That in accordance with Section 34(17) of the Planning Act and notwithstanding that the rezoning proposed in the public meeting report and at the public meeting differs to some degree from that approved by City Council such differences are not substantial enough to require further notice and another public meeting. 3.0 EXECUTVE SUMMARY This Report recommends that the subject applications to permit a church with a minister's residence on part of the lands at 787 Conlin Road East (fronting onto Wilson Road North) be approved. The proposed church will be located on an arterial road and can be designed to be compatible with adjacent land uses. The proposed development will also advance the conveyance of the Oshawa Creek valley lands into Public (City) ownership. 4.0 NPUT FROM OTHER SOURCES 4.1 Public Comments 9 The minutes of the June 9, 2008 public meeting regarding the subject applications appear as Attachment No. 1 to this report. 9 One area property owner had concerns with the environmental condition of the subject site given the historical filling on the site and floodplain storage. n this regard, the 69
Sewices Committee (Continued) - 3 - Meeting Date: June 15,2009 applicant will be required to submit a Record of Site Condition to the Ministry of Environment (MOE) to confirm that the subject site meets MOE guidelines for the proposed use prior to any development. CLOCA has advised there are no floodplain storage issues with the implementation of the revised plan and supports the conveyance of the Oshawa Creek valley lands and related buffer setback to the City. 4.2 Other Departments and Agencies 9 No department or agency that provided comments has any objection to the subject applications. Certain technical issues and requirements related to the proposed use of the site have been identified and can be addressed during any site plan approval and building permit processes, should these applications be approved. 4.3 Auditor General 9 Not applicable 5.0 ANALYSS 5.1 Analysis 9 The subject site is located on the west side of Wilson Road North, south of Conlin Road East. 9 The proposed church is located in an area designated as Low Density Residential in the Samac Secondary Plan and zoned R1-A (Residential) in Zoning By-law No. 60-94. A church is not permitted under the current Samac Secondary Plan designation and zoning. 9 The following is background information concerning the subject applications: Oshawa Official Plan Designation Existing Residential for the portion of the site outside of the Oshawa Creek floodplainlvalley. Open Space and Recreation for the portion of the site within the Oshawa Creek valleylfloodplain. RequestedlProposed No change Samac Secondary Plan Low Density Residential for the portion of the site outside of the Oshawa Creek valleylfloodplain. Open Space and Recreation for the portion of the site within the Oshawa Creek valley/floodplain. Community Use for a church for the portion of the site outside of the Oshawa Creek valleylfloodplain. No change for the area designated as Open Space and Recreation.
Sewices Committee (Continued) -4- Meeting Date: June 15,2009 Zoning NO. 60-94 Use By-law Existing R1-A (Residential) Agricultural Use RequestedlProposed CN (Community nstitutional) subject to a special condition to only permit the proposed church including a minister's residence for the portion of the site outside of the Oshawa Creek valleylfloodplain. OSH (Hazard Lands Open Space) for the portion of the site within the Oshawa Creek valleylfloodplain. A church with a minister's residence. 9 Adjacent Land Uses: North South East West An agricultural use with a dwelling on the balance of 787 Conlin Road East Oshawa Creek Oshawa Creek and vacant lands across Wilson Road North Agricultural use on the balance of 787 Conlin Road East 9 Proposed Development Details: Lot Frontage (on Wilson Road North) Lot Area Proposed Lot Coverage Proposed Number of Seats in Church Required Parking Spaces (1 for every 6 seats for church plus minister's residence) Proposed Parking Spaces Original Site Plan (~xhibit No. 2) 71 m (233 ft.) 1 ha (2.48 ac.) 10% 452 77 99 Revised Site Plan (Exhibit No. 3) 71 m (233 ft.) 1 ha (2.48 ac.) 13% 452 77 100 5.2 Oshawa Official Plan and Samac Secondary Plan 9 The portion of the subject site outside of the Oshawa Creek valleylfloodplain is designated as Residential in the Oshawa Official Plan. The portion of the site associated with the Oshawa Creek valleylfloodplain is designated as Open Space and Recreation and is shown as Hazard Lands and as an Environmentally Sensitive Area. 9 Community Uses such as churches, that by nature of their activity, scale and design are compatible with residential uses, are permitted in areas designated as Residential in the Oshawa Official Plan. 9 The portion of the subject site outside of the Oshawa Creek valley/floodplain is designated as Low Density Residential in the Samac Secondary Plan. A church is not permitted in a Low Density Residential designation... 7
Services Committee (Continued) -5- Meeting Date: June 15,2009 9 The portion of the site associated with the Oshawa Creek valleylfloodplain is designated as Open Space and Recreation and is shown as an Environmentally Sensitive Area in the Samac Secondary Plan. A recreational trail is also shown generally following the creek valley, 9 The top of bank of the Oshawa Creek Valley traverses the subject site. The boundary between the Residential and Open Space and Recreation land use designations in the Oshawa Official Plan and the Samac Secondary Plan is generally interpreted to be the valley limit. 9 The applicant has requested that the portion of the subject site located outside of the valleylfloodplain limit be redesignated from Low Density Residential to Community Use for only a church in the Samac Secondary Plan. 9 Wilson Road North is designated as a Type "C" arterial road in the Oshawa Official Plan. 9 This Department has no objection to the proposed amendment to the Samac Secondary Plan. 5.3 Zoning By-law No. 60-94 9 The subject site is zoned R1-A (Residential) in Zoning By-law No. 60-94. The Rl-A Zone permits single detached dwellings. 9 A church is not permitted under the current zoning. 9 The applicant has requested that thexdevelopable portion of the subject site be rezoned to CN (Community nstitutional) subject to a special condition to only permit the proposed church with a minister's residence and the proposed site design. 9 The portion of the subject site that is associated with the Oshawa Creek valley is proposed to be rezoned to OSH (Hazard Lands Open Space). 9 This Department has no objection to an amendment to Zoning By-law No. 60-94 which would: (a) (b) (c) (d) Rezone the developable portion of the site to CN subject to a special condition to permit a church and minister's residence; Zone the valley and buffer setback as OSH; mplement the proposed site design as appropriate; and Apply a "h" holding symbol to the developable portion of the subject site which would require, prior to removing the "h" holding symbol: Site plan approval to address such matters as building siting and appropriate landscaping and fencing to the satisfaction of the City; Stormwater management issues to the satisfaction of the City and the Central Lake Ontario Conservation Authority (CLOCA); -.-.! L
Sewices Committee (Continued) - 6 - Meeting Date: June 15,2009 Appropriate arrangements being made for the provision of adequate sanitary, water and transportation services to serve the development to the satisfaction of the City and Region; The conveyance of an easement from the Clty to the owner for the construction and future malntenance of the proposed storm sewer and overland flow route over City open space lands; Nolse mitigation to the satisfaction of the City; An archeological assessment to the satisfaction of the Ministry of Culture; A Record of Site Condition submitted to and acknowledged by the Ministry of Environment for the proposed use; The conveyance of the Oshawa Creek valley lands and buffer setback to the City at no cost in a physical condition acceptable to the City The installation of all necessary landscaping and fencing on those lands to be conveyed to the City will also be required. The limits of the lands to be conveyed to the City shall be to the satisfaction of the City based on creating a stable slope and buffer setback; The owner shall implement the recommendations of the slope stability and soil investigation reports to the City's satisfaction; and The owner shall convey an easement to the City over its site to provlde access for future maintenance of the City's open space, as determined necessary by the City. 9 While the holding symbol is in place only UR (Urban Reserve) uses would be permitted. 5.4 Site Design Considerations 9 The site plan submitted by the applicant shows a proposed one storey churchlminister's residence with 452 seats and 100 parking spaces. 9 Detailed design matters will be reviewed during any site plan approval process to ensure the development complies with the City's Landscape Design Policies and other policies, as well as the Ontario Building Code. 9 Any site plan approval process will address the following matters: Appropriate landscaping and fencing; The conveyance of the Oshawa Creek valley to the City, at no cost. The area to be conveyed to the City is approximately 0.1 9 hectare (0.46 ac.) in size; The provision of an illumination plan showing lighting levels and full cut off fixtures; Appropriate decommissioning of the existing pond satisfactory to the City and CLOCA The conveyance of a 5m road widening on Wilson Road North to the satisfaction of the City; The provision of a stormwater management and site servicing study and grading plan satisfactory to the City and CLOCA; The provision of sanitary, water and transportation services to the satisfaction of the City and Region; 73
Services Committee (Continued) -7- Meeting Date: June 15,2009 = Tree preservation, as appropriate; Noise mitigation; and Conveyance of a road widening along the west side of Wilson Road North up to Conlin Road East and a corner sight triangle to the City at the southwest corner of Conlin Road East and Wilson Road North to the City's satisfaction in the event, these are not acquired as part of any Land Division process. 5.5 Basis for Recommendation 9 This Department has no objection to the subject applications for the following reasons: A small church is considered to be an appropriate use on the subject site and can be designed to be compatible with the surrounding land uses; The proposed church site will not prejudice the ability for the surrounding Residentially designated lands to be developed for residential purposes; The site has good exposure to Wilson Road North which is an arterial road; The proposed development will advance the conveyance of a portion op the Oshawa Creek valley lands and associated valley setback to the city; and * The proposed development is consistent with the Provincial Growth Plan. 6.0 FNANCAL MPLCATONS 9 There are no financial implications 7.0 RESPONSE TO THE COMMUNTY STRATEGC PLAN 9 Approval of the subject applications would advance Goal B (A Green and Sustainable Community) of the City's Community Strategic Plan by managing growth and using land wisely and by protecting natural features such as the Oshawa Creek valley. Paul Ralph, B.E.S., RPP, Director Planning Services M.A., RPP, Commissioner Development Services Department VFc Attachments
. >...~ \ j AG-A A,G-A -. Exhibit No. 1 DEVELOPMENT SERVCES DEPARTMENT 1tm: DS-03-267 Application: Revised Applications to Amend the Samac secondary Plan and Zoning By-law No. 60-94 Address: Part of 787 Conlin Road East (fronting File No.: onto Wilson Road North) 2-06/2008 Subject Site / '7
DS-09-267 Attachment No. 1 File A-2120 DEVELOPMENT SERVCES COMMTTEE MEETNG June 9.2008 DS-08-203 Applications to Amend the Samac Secondary Plan and Zoning By-law No. 60-94, Part of 787 Conlin Road East (fronting on to Wilson Road N), Harmonv Heiqhts Conclreclation of Jehovah's Witnesses (Ward 7) The Committee reviewed Report DS-08-203 dated June 4, 2008 from the Commissioner of Development Services concerning an application submitted by the Harmony Heights Congregation of Jehovah's Witnesses to amend the Samac Secondary Plan and Zoning By-law No. 60-94 to permit a church with a minister's residence on the southeast portion of 787 Conlin Road East which fronts onto Wilson Road North. The applicant made a presentation to Committee regarding the proposed application. The Committee questioned the applicant. The Committee questioned the Commissioner of Development Services The Chair asked if any members of the public wished to address Committee concerning this application. Gary Neal, a member of the public, spoke in opposition to the application due to environmental issues with the site including dumping and flood plain storage. Gary Neal requested assurance that environmental reports would be submitted to staff as a condition of the application. A member of the public stated that he is interested in the results of any of the environmental testing and requested a copy of the reports. n response to questions from Committee, the Commissioner of Development Services advised that the reports are available in the Planning Department. Moved by Councillor Henry, "That the applications submitted by the Harmony Heights Congregation of Jehovah's Witnesses to amend the Samac Secondary Plan and Zoning Bylaw No. 60-94 to permit a church with a minister's residence on part of the lands at 787 Conlin Road East (fronting onto Wilson Road North), as outlined in DS-08-203 dated June 4, 2008 from the Commissioner of Development Services be referred back to the Development Services Deaartment for further review and the. areaaration, of a subseauent reaort and recommendation. This referral does not constitute or imply iny form or degree of approval." CARRED