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Home My WebLink AboutPD-97-99 r DN!49,f y ` Y THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON t Rl Meeting: General Purpose and Administration Committee File# Date: Monday,August 30, 1999 Res. #6rf9 W Report#: PD-97.99 File#: ZBA 99-020 By-law# . Subject: REZONING APPLICATION APPLICANT:<SYVAN DEVELOPMENTS PART LOT 2$9 CONCESSION 19 FORMER VILLAGE OF NEWCASTLE 20 RORERTFILE NO.: R000mmendadow. It is .:respectfWly recommended that the General Purpose and AdminisaVou Committee recommend to Council the following: 1., THAT Report PD-97-99 be received; 2. THAT the rezoning application ZBA 99-020 to amend the Zoning By-law to pamlit.the development cif a day care facility and a commercial school, in addition to the existing permitted uses;be APPROVED and the amending by-law contained in Attachment No. 4 be forwarded to Council for approval; 3. That a copy-of this report and Council's decision be forwarded to the Region of Durham Planning Department;and 4. THAT all interested. parties listed in this report and any delegations be s v aed of Council's decision. 1. APPLICATION DETAILS: 1.1 Applicant: Syvan Developments Limited 1.2 Owner: Syvan Developments Limited 1.3 Zoning Amendment to rezone the lands to permit the development of commercial school and a day nursery in addition to the existing permitted uses. I A Area: 0.12 hectares r .. T REPORT PD-97-99 PAGE 2 2. LOCATION: 2.1 Legal description: Part Lot 28,Concession 1, former Village of New"stlo,20" Robert Street,Newcastle Village(Attaohmem No 1) 3. LAND USES: j 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 t 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 schsioI would:be for preschool children through to the end of Grade One. This type of facility is a "commercial schoor, under the By-law 84-63s list of school definitions. Therefore,the application was circulated and notice was given as such. 5.r PUBLIC NOTICE: 5.1 A Public Meeting was held for this application on July 5, 1999. Mr. $ob W€Usher, a neighbour two properties north of the site; voiced his concerns with the proposed, rezoning. He raised the issues of the amount of green space available,;the noise levels which maybe generated by the children, the potential for an increase in,tra4fic through- out the neighbourhood,and the possible fast tracking of the application through Council. 5.2 A submission in support of the application was also filed at the Public Meeting on behalf of Murray Patterson. 662 t REPORT PD-97-99 PAGE 3 6. OFFICIAL PLAN POLICIES 6.1 Durham Region Official Flan >' The subject property is designated "Living Area" within the Durham,Regm Official Plan.> The predominant use within this ;designation shall be for housing purposes. Additional uses are permitted provided that they are compatible with the surrounding neighbourhood and do not negatively impact on other established laud use designations. 6.2 Clarington Official Plan The ;Clarington Official plan designates the property as "Urban Resldentiar The predominant use of lands within this designation shall also be for housing purposes. Other uses may be permitted which by the nature of their:activity, scale and design are supportive of and compatible with residential uses. 7. ZONING BY-LAW: This property is zoned"Urban Residential Type One Exception(R1-3$)under the former Town of Newcastle Comprehensive Zoning By-law 84-63,as amended. The RI-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 legion Community Care Association and office space soon to be occupied by the applicant. The community care facility accommodates an adult day program for senior citiztens and is considered a business, professional or administration office as defined in Zoning By-law 84-63. ! 8. AGENCY COMMENTS: F IF 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 any. 663 e REPORT PD-97-99 PAGE 4 Comments from the Clatington Building Division of the Public Works Dipartmeat stated that a building permit would be required for the change of use of the building. Tart II of the Ontario Building Code requires the evaluation and upgrade of the early warring 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 Staff have had several discussions with the applicant,Mr. Willsher, and Mr. Langley, the neighbour immediately north of the site since the application was filed and the Public Meeting held. Mr.`Wiltsher. has informed staff that all concerns which he raised at the Public Meeting have been addressed to his satisfaction and he has submitted a written withdraw of his objection to the application(Attachment No. 2). 9;2 Mr. Langley contacted staff concerning any fencing requirements for the property line between his property and the site. He did not want a fence to run along the entire north boundary as it would restrict the view from his lot. He has confirmed that he has no objection to the fencing of the play area only, but would prefer that the fence be constructed in a similar manner to the existing fence along,his rear property line. The Ministry of Community and Social Services requires that the play arts fence be a :minimum of four foot high. Construction material is left to the operator's discretion. 9.3 The applicant would also prefer the same style of fencing as exists on the site's east property line. Staff would concur that it would be more aesthetically pleasing to maintain the same type of fencing which exists on the neighbouring lots. 9.4 An additional letter of support from a Newcastle Village resident has also been submitted and is attached as Attachment No. 3 to this report. 664 g1 PAGE Sr° e��/�flpp��Q'x� 44 c one , tY tit+ •neighbo t f k e Would.tAGi'Ol {x tiqg be t £ a t y RWewed by, 'I te Oor (Javi' 1 Crome, .C.I.P., R.P.P. Franklin Wu, M.CI.P:, R.P.P. < Dire or of Planning and Development Chief Administrative Officer DfC*iD*cd Attachment No.i - Key Map No. 2 - Public Submission No.3 - Public Submission No.4'- $y-law Interested parties to be notified of Council and Committee's decision: ATTACHMENT NO. 1 ® SUBJECT SITE LOT 29 LOT 28 LOT 27 1 C ST del IF, z 0 J m W S ET ZO - (n V) JAM w U Z O J .I U HIGHWAY 401 e N NEWCASTLE VILLAGE KEY MAP ZBA.99-020 Obb R t _ W11 l CNFR ATTACHMENT NO. 2 R. L. WILLSHER 323 Church Street Newcastle, Ontario UB1C6 voice:905-987-4845 Email:bob.wlllsber®sympadco.ra )Fax:905-987-1308 VIA FACSDIIME to 623-0830 August 12 1999 Isabel Dekking,Planning Department Municipality of Clarington Temperance Street Bowmanville,ON Re: File#lZBA 99-020,Syvan Developments,20 Roberts Street,Newcastle Dear Isabel: Please accept this letter as notification that I wish to withdraw all objections previously registered by me in the matter of the re-zoning application by Syvan Developments. SinoffelL r R. L.Willsher Cc: Mr. E.Vanhaverbeke, Syvan Developments ob1 ATTACHMENT NO.3 2 July, 1999 j. Municipality of Clarington JUL 0 $ 9999 261 Mill Street, South 40 Temperance Street_ „, fiy` I Newcastle, Ontario Bowmanville, Ontario �''"ti w�tyt O?� LIB 1C3 L1C 3A6 Tel: 905 987-4856 Fax: 905 987-3255 Att: Mr. David Crome, Director, Planning and Development Department Re: Proposed Zoning By-Law Amendment - Syvan Developments Ltd., Part Lot 28, Concession 1, Village of Newcastle (Planning File ZBA 99-020) We wish to record our support of the zoning by-law amendment that would allow the proposed Montessori School and Day Nursery at 20 Robert Street, West. As longtime residents of the area, we welcome this addition to our neighbourhood. We understand that the available space, both inside and outside the building, will limit the enrollment to 19-20 children so that additonal traffic in the area will be neglible compared to that of a medical or dental clinic for which zoning already exists. Durham Region Community Care presently operates an adult day program at 20 Robert Street and is enthusiastic in endorsing the proposed Montessori School and Day Nursery. Ours as you know is a growing area with many young families. Up until now, parents have had to look to Bowmanville or beyond for a selection of daycare or early education facilities. As parents of four and grandparents of five , we feel strongly that the proposed addition of a Montessori School can only be a benefit to our village. Thank you for your congideration. cv Denis and Philippa Schmiegelow c.c. Regional Councillor John Mutton Councillor Charlie Trim bbd THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT NO.4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99- being a By-law to amend By-law 84-63,the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 99-020. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "12.4.38 URBAN RESIDENTIAL EXCEPTION (R1-38) ZONE" is hereby amended by adding the words, "Commercial School and Day Nursery" after the word "Office" 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this 13th day of September 1999. BY-LAW read a second time this 13th day of September 1999. BY-LAW read a third time and finally passed this 13th day of September 1999. MAYOR CLERK o b