Report to: Development Services Committee                             Report Date:  January 13, 2009

 

 

SUBJECT:                          PRELIMINARY REPORT

                                            Town initiated Zoning By-law Amendment to restrict the uses at 11248 and 11264 Kennedy Road (Melville United Church) based on new property lines established through a recent severance.

                                            FILE (ZA 08 129865)

 

PREPARED BY:               Teema Kanji, Senior Planner – West Development Team

 

 

RECOMMENDATION:

That the staff report entitled “Preliminary Report: Town initiated Zoning By-law Amendment to restrict the uses at 11248 and 11264 Kennedy Road (Melville United Church) based on new property lines established through a recent severance.” (ZA 08 129865) be received;

 

That a Public Meeting be held to consider the proposed Town initiated Zoning By-law Amendment (ZA 08 129865);

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

EXECUTIVE SUMMARY:

Not applicable

 

PURPOSE:

This is a Town initiated zoning by-law amendment.  The purpose of the zoning by-law amendment is to restrict the uses at 11248 and 11264 Kennedy Road (Melville United Church) based on new property lines established through a recent severance.

 

Complete Application

The Planning Act does not require the Town to give notice of a complete application for Town initiated zoning by-law amendments.  A development sign was posted on the property.

 

BACKGROUND:

Property and Area Context

The subject lands are located on the west side of Kennedy Road, south of 19th Avenue, municipally known as 11248 and 11264 Kennedy Road (Figure 1).  The subject lands contain a manse (residential dwelling), a historic church that was constructed in 1877 with associated parking and a cemetery (Figure 3).

 

 

 

Surrounding land uses include (Figure 3):

 

  • Rural residential and agricultural lands to the north and west
  • Rural residential to the south and east across Kennedy Road

 

The lands are serviced by a well and septic systems.

 

Provisional consent to sever approved in July 2008

Originally, the manse and parking lot (Parts 4 and 5) were situated on one property, the place of worship and a small portion of the cemetery on a second property (Parts 1 and 2), and the cemetery (Part 3) on the third property (Figure 5).  The applicant applied for provisional consent to sever to readjust the lot lines, so that the manse would be located on Lot 1, the church and parking on Lot 2 and the cemetery on Lot 3 (Figure 4).  The church and manse were recently sold.

 

Official Plan and Zoning

The subject lands are designated AGRICULTURE ONE (A1) in the Official Plan, which provides for farming activity as the primary and predominant use of land.

 

The subject lands are zoned Agriculture One (A1) under By-law 304-87, as amended, subject to Exception 13.13 (Figure 2).  This exception permits a place of worship and cemetery on all three parcels.  The purpose of this rezoning is to clarify the intent of the current zoning by-law by zoning the three recently severed properties to permit uses currently existing on each property.  The rezoning would allow for one residential dwelling on Lot 1, a place of worship with associated parking on Lot 2, and a cemetery on Lot 3 (Figure 4).  These uses will only come into effect once the Ministers Zoning Order is lifted (see below).

 

Lands subject to Ministers Zoning Order

The lands are also included within the limits of the Ministers Zoning Order, Ontario Regulation 104/72 (Airport Freeze).  The purpose of this Minister Zoning Order (MZO) is to protect for a future airport (Pickering Airport site).  The only uses permitted on lands within the limits of MZO, O. Reg.104/72 are agricultural uses, including accessory buildings and structures, including one single family dwelling.  The existing uses on the property date back to 1877 and therefore are considered legal non-conforming, as the existing buildings and structures existed prior to the MZO coming into effect in 1972.

 

Lands subject to the Federal Pickering Airport Site Zoning Regulations

The lands are also subject to the Federal Pickering Airport Site Zoning Regulations.  These zoning regulations are to ensure lands adjacent to and in the vicinity of the future Pickering Airport site are used in ways that complement the safe operation of an aircraft.

 

Church and Cemetery of Heritage Significance

The church, which was constructed in 1877, and the cemetery were recently designated under Part IV of the Ontario Heritage Act.  A Heritage Conservation Easement was registered on title for the church.

 

It would be appropriate to hold a Public Meeting to obtain further comments on this application.

 

FINANCIAL TEMPLATE (external link):

Not Applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES

Not Applicable.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications have been circulated to internal departments and external agencies for comment.

 

RECOMMENDED

                            BY:    ________________________          ________________________

                                       Valerie Shuttleworth, M.C.I.P, R.P.P                 Jim Baird, M.C.I.P, R.P.P

                                             Director, Planning & Urban Design                Commissioner, Development

                                                                                                                                Services

 

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Aerial Photo

Figure 3- Area Context/Zoning

Figure 4 – 2008 severance application

Figure 5 – New lots lines as per 2008 severance

 

File path: Amanda\File 08 125376\Documents\Recommendation Report