HomeMy WebLinkAboutPD-72-99
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Date:
Monday, July 5,1999
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Res. 4iG'P1}-~3-o/1
Meeting:
General Purpose and Administration Committee
Report #:
PD-72-99
File #: ZBA 99-020
By-law #
Subject:
REZONING APPLICATION
APPLICANT: SYVAN DEVELOPMENTS LIMITED
PART LOT 28, CONCESSION 1, FORMER VILLAGE OF NEWCASTLE
20 ROBERT STREET, NEWCASTLE VILLAGE; FILE NO. ZBA99-o20
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following
1. THAT Report PD-72-98 be received;
2. THAT the rezoning application ZBA99-020 to amend the Zoning By-law to permit
the development of a day care facility and a commercial school, in addition to the
existing permitted uses, be referred back to staff for further processing and the
preparation of a subsequent report; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. APPLICATION DETAILS
1.4 Area:
Syvan Developments Limited
Syvan Developments Limited
to rezone the lands to permit the development of
. commercial school and a day nursery in addition to the
existing permitted uses.
0.12 hectares
1.1 Applicant:
1.2 Owner:
1.3 Zoning Amendment:
601
REPORT PD-72-99
PAGE 2
2.
2.1
LOCATION:
Legal description:
Part Lot 28, Concession 1, former Village of Newcastle
20 Robert Street, Newcastle Vi lIage (Attachment No.1)
3. LAN D USES:
3.1
Surrounding Uses:
North - Residential
South - Residential
East - Funeral home
West - Residential
4. BACKGROUND:
In 1993 this property was rezoned through application number DEV 93-043 to
permit a medical or dental clinic, or a business, professional or administrative office.
On May 27, 1999, an application for a further rezoning was received to permit a
Montessori school and a day nursery. Staff clarified with the applicant that they
wished to maintain their existing permitted uses. It was also confirmed that the
Montessori school would be for preschool aged children through to children up to
the end of Grade One. This type of facility is best classified as a 'commercial
school' under the By-law 84-63's list of school definitions. Therefore, the
application was circulated and notice was given as such.
5. PUBLIC NOTICE
5.1 In accordance with the Municipality's procedures and the requirements of the
Planning Act, written notice was given as follows:
. The appropriate signage acknowledging the Public meeting was installed
on the subject property; and
. Written notice was circulated to all assessed property owners within a
120 metre radius of the area subject to rezoning.
5.1 As of the writing of this report, one verbal enquiry requesting clarification of the
school component has been received and no objections were noted. Two letters in
602
REPORT PD-72-99
PAGE 3
support were submitted and are incorporated in this report as Attachments No.2 and
3. A third letter was received following a verbal enquiry. Attachment No. 4
outlines this neighbourhood resident's objection to the application. The submission
is discussed in Section 9 of this report.
6. OFFICAL PLAN POLICIES:
6.1 Durham Region Official Plan
The subject property is designated "Living Area" within the Durham Region Official
Plan. The predominant use within this designation shall be for housing purposes.
Additional uses are permitted provided that they are compatible with the
surrounding neighbourhood and do not negatively impact on other established land
use designations.
6.2 Clarington Official Plan
The Clarington Official Plan designates the property as "Urban Residential". The
predominant use of lands within this designation shall also be for housing purposes.
Other uses may be permitted which by the nature of their activity, scale and design
are supportive of and compatible with residential uses.
7. ZONING BY-LAW:
This property is zoned "Urban Residential Type One Exception (R1-38) under the
former Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. The
R1-38 zone permits, in addition to the other uses permitted in the Urban Residential
Type One zone, a medical or dental clinic, or a business, professional or
administrative office. The eXisting building currently contains a community care
facility operated by the Durham Region Community Care Association and office
space soon to be occupied by the applicant. The community care facility
accommodates an adult day program for senior citizens and is considered. a
business, professional or administration office as defined in Zoning By-law 84-63.
603
REPORT PD-72-99
PAGE 4
8. AGENCY COMMENTS:
8.1 The application was circulated to the appropriate agencies and departments for
comment. All comments have been received and no objections were noted from
any department or agency.
8.2 Comments from the Clarington Building Division of the Public Works Department
state that a building permit would be required for the change of use of the building.
Part II of the Ontario Building Code requires the evaluation and upgrade of the early
warning and evacuation system in addition to additional washroom, ventilation,
etc., systems to accommodate a school and a day care facility. A fire alarm system
and health requirements will also have to be incorporated. Other issues will be
addressed at building permit stage.
9. STAFF COMMENTS:
9.1 Play Area
9.1 .1 The appl icant has confi rmed that the school and day care faci I ity wi II accommodate
a total of nineteen children on a full and part time basis. The Day Nurseries Act
dictates a minimum requirement of 5.6 sq. metres of outdoor play space per child.
For nineteen children 106.4 sq. metres of play area would be required. The
applicant is proposing a 114 sq. metre fenced play area in the north east corner of
the lot (Attachment No.5). The new play area will provide a 1.8 m high wooden
privacy fence along the north boundary adjacent to the residential property. The
garage on this residential property is immediately north of the play area.
9.1.2 Mr. Bob Willsher, who resides two properties north of the site, has noted his
concerns on the application in Attachment No.4. He has stated that there is Hno
suitable play area" for the number of children proposed. The Day Nurseries Act
requires 106.4 sq. metres of play area for nineteen children. The applicant meets
the requirements of the Act by providing 114 sq. metres of area. The approved site
plan currently depicts a grassed area of 102 sq. metres in the northeast corner of the
604
REPORT PD-72-99
PAGE 5
lot. The applicant has stated that the play area will extend approximately 1.5 metres
onto the asphalt driveway which runs along the north boundary from Robert Street.
Therefore, there will be a total of 12.75 metres of paved area in the play space. This
will bring the entire area up to 114 sq. metres.
9.1.3 The Day Nurseries Act does not state that the play area has to be grassed. All day
nurseries are required to obtain a license from the Ministry of Community and
Social services under the Day Nurseries Act. Both interior and exterior facilities
must be inspected and approved before a license is granted. As the Act is the
authority on appropriate outdoor play area size, and as an inspection must be
conducted and the facility cleared by the province before a license is granted, staff
are satisfied that the play space will be suitable for the number of children proposed
if the license is granted by the Ministry.
9.1.4 There is currently a registered site plan agreement on this property. In order to
incorporate the Act's requirements the approved site plan is to be amended to
depict the size and location of the play area. The applicant has been informed of
this requirement and will be filing an application for site plan approval. A building
permit will not be issued for the change in use of the building until a site plan
application is approved.
9.2 Traffic Generation
9.2.1 Mr. Willshire has also expressed a concern on the potential 'negative traffic impact
on the residential area'. The issue of traffic generation was also raised by the
neighbourhood residents when the property went through the rezoning process for
DEV-93-043. Originally the main entrance for this property was to be located off
Church Street. The application was revised to locate the main entrance off Robert
Street. This revision was deemed to be satisfactory and the related site plan was
approved as such. The day nursery and commercial school will also be using the
Robert Street entrance, as this is the main entrance to the property, and the location
bU5
REPORT PD-72-99
PAGE 6
of the primary parking area on the lot.
9.2.2 The principle of the use of this property has been established through the residential
exception zoning previously granted. Regardless of whether this building is used for
all professional offices or a medical or dental clinic, a commercial school and day
nursery, or a combination of two or three uses, the building will generate traffic as it
is not a residential property. The building currently contains a Community Care
Facility and vacant office space. Should the applicant wish to rent the vacant space
for a medical or dental clinic this would be permitted under the existing zoning.
Such a clinic could generate a constant flow of traffic as patients come and go
throughout the day and possibly into the evening. A day nursery and children's
school would have a set time of traffic flow that being early morning, mid-day and
late afternoon. No evening traffic would occur.
9.2.3 The applicant has informed staff that they are planning to occupy the entire third
floor with their office space. As the zoning permits either office space or a medical
or dental clinic, a clinic will not be located on this site until the office space is
vacated.
9.2.4 This site is located two lots west of Mill Street, a Regional road. Staff would
anticipate that the bulk of vehicular traffic will follow Mill Street to get to the
property. The residential neighbourhood should not be greatly impacted as there is
easy access to the site from the regional road.
10. CONCLUSION:
The purpose of this report is to facilitate the Public Meeting as required by the
Planning Act. It is recommended that the application be referred back to staff for
further processing and the preparation of a subsequent report.
606
REPORT PD-72-99
PAGE 7
Respectfully submitted,
Dav .. rome, M.C.I.P., R.P.P.,
Director of Planning & Development
DJC*ID*cd
Attachment
No.1 - Key Map
No.2 - Public Submission
No.3 - Public Submission
No.4 - Public Submission
No.5 - Site Plan
Reviewed by,
d~~~~
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer
i
Interested parties to be notified of Council and Committee's decision:
ATTACHMENT NO.1
_ SUBJECT SITE
LOT 29 LOT 28 LOT 27
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NEWCASTLE VILLAGE
KEY MAP
ZBA.99-020
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ATTACHMENT NO.2
DURHAM REGION
COMMUNITY CARE
ASSOCIATION
Community Care Respite Program
Adult Day Program
20 Robert Street West
Newcastle, ON LIB lC6
Tel: 905-987-3000 . Fax: 905-987-7272
Planning Department
Municipality Of Clarington
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June 9,1999
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TO WHOM IT MAY CONCERN:
MUN'iCif"':':,LIT\' C>:
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PLANN\\~I.) __ \ :..i\b', \
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My name is Jennifer Rusaw and I am the Program Manager of the Durham Region Community
Care Adult Day Program located at 20 Robert St. in Newcastle. I am writing you to express my
enthusiasm of learning that a a future Montessori School is keen at locating in our same building.
The Adult Day Program offers social and recreational opportunities to the frail elderly, physically
challenged and those with a cognitive impairment. It also provides relieffrom caregiving for
families and others caring for an individual who cannot be left alone. Our program has been open
now for about a year and a half operating Monday to Friday.
1999 is the International Year ofthe Older Person and one of our goals this year was to
implement an Intergenerational Program with a local school and or daycare. We were successful
with this project and have had a great program and experience with a grade three class at
Newcastle Public School. It is with great pleasure that I inform you that this program has been
both beneficial to not only our seniors but to the children as well. We are hosting a BBQ and
games morning as a wrap-up party and look forward to continuing this program in the fall.
This is just one reason why our program is really keen and anxious in having a school right in our
building. The potential programming ideas and relationships that can be made between young and
old are too many to list! Newcastle would be very lucky to have another fine program available to
its community.
For any further comments on this letter please feel free to call me at 987-3000 Monday to Friday
between 8:30a.m. and 4:00p.m. I appreciate your time and look forward with great anticipation to
the footsteps and voices of children in our building!
Sincerely,
~~~
Jennifer Rusaw
Program Manager
FOUNDED"" ~) INCORPORATED''''
ou9
ATTACHMENT NO.3
NEWCASTLE FUNERAL HOME LTD.
CARL D. GooD
FuneNl Direot.or
DELIVERED BY HAND
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June 16, 1999
Planning and Development Department
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario LlC 3A6
Att: Mr. David Crome
Dear Sirs:
RE: Proposed Zoning By-Law Amendment - Syvan Developments Ltd.
Part Lot 28, Concession I, Village of Newcastle
(planning File ZBA 99-020)
With regard to the above proposed by-law amendment to permit a commercial school and day
nursery in addition to the existing permitted uses of the property at 20 Robert Street West,
Newcastle, we would like to record our support for this amendment.
We are next door neighbours to this property both from a commercial and residential point of
view, as we run our funeral home business out of the property beside 20 Robert Street West,
as wen as reside there. We are fully supportive of a nursery school operating next door to us,
and feel it would be an asset to our growing community of young families here in Newcastle.
As wen, we agree with the current tenants of the 20 Robert Street West property, Community
Care, that there would be many benefits derived from the inter-generational contact that their
elderly clients would enjoy with the children.
We have enjoyed an excenent, cooperative working relationship with Syvan Developments
and their current tenant, Community Care, and look forward to expanding that relationship to
include those who wish to open a nursery school for the benefit of our neighbourhood.
We look forward to your favourable consideration of this Amendment, and look forward to
welcoming this new venture into our community.
~
Joyce Kufta
Secretary-Treasurer
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386 MIlL STREET SoUfH, NEWCAS1U>, ONTARIO LIB lC6
TEL. (905) 987_396<1 -- TOIL FREE, 1-877_987_396<1 -- FAX. (905) 987_3769
oiO
Sent b~;KPR NEWCRSTLE
Jun-24-33 03:48PM
frOM ... ... .......5 62: ATTACHMENT NO.4
R. L. WlLLSHER
323 Church Street
Newcastle, Ontario
L 18106
V ojce: 905-987-4845
Email:bob.will.net@sympatico.ca
Fll:l: 905-987-1308
VIA FACSIMILE to 623-0830
June 24, 1999
Isobel Dekking, Planning Department
Municipality of Claringlon
Temperance Street
Bowmanville, ON
Pear Isabel:
This will confmn our telephone conversation today conceming your file ZBA 99-020.
From the mfomation provided you have indicated that the Municipality is considering a request from Syvan
Development. Ltd. to add an additional zoning entitlement to the property at 20 Robert Street, Newcastle, ON.
I wish to register my objections to the proposal based on the potential negative impact on the residential
community in which the building is situated.
Specifically, when the original plan to rezone the property to its' current status was consid=d a day care was part
of the original proposal. At the time there was significantly more land involved to provide appropriate play area
for the children. This new proposal has virtually no suitable play area.
In addition, it is my understanding that up to nineteen children would be pennitted. It is my opinion that such a
proposal is unsuitable fOf the site based on available land and the negative traffic impact on the residential area
adjacent to the site.
Please provide me with a copy of the report to Council in order that I may prepare a presentation for the July 5,
1999 meeting.
Sincerely,
/~~~
R. L. Willsher
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