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Home My WebLink AboutPSD-112-07 Cl~-!lJgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, October 1, 2007 ~e:'o\tA.:ho(l ~ GtpA ~ 5 ("3 - 07 Date: Report #: PSD-112-07 File #: ZBA 2007-0037 By-law #: Subject: A DAY CARE FACILITY AT 279 KING AVENUE E, NEWCASTLE APPLICANT: JOHN HINDS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-112-07 be received; 2. THAT the application for Zoning By-law Amendment (ZBA 2007-0027) submitted by John Hinds to change the zone category for a .0833 ha parcel of land from "Residential (R1) Zone" to permit a day care facility be referred back to staff; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D id . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: d~~ Franklin Wu, Chief Administrative Officer JWfDJCfsn September 21, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-112-07 PAGE 2 1.0 1.1 APPLICATION DETAILS Applicant: John Hinds 1.2 Owner: John Hinds 1.3 Proposal: Day Care Facility 1.4 Area: 0.0833 ha 1.5 Location: Part Lot 27, Concession 1, former Township of Clarke 279 King Avenue East, Newcastle Village 2.0 BACKGROUND 2.1 On August 3, 2007, Mr. John Hinds submitted applications for a Zoning By-law Amendment and Site Plan Approval to permit the use of a 0.0833 ha site, located at 279 King Avenue East, Newcastle Village, for a day care facility. 2.2 Prior to submitting the above application, the applicant met with planning staff on the proposal in May 2007. Subsequently on August 2, 2007, Mark Hendriks, on behalf of the applicant, had a pre-consultation meeting with planning staff. He stated that an extension to the existing residential building is being constructed and he intended to convert the buildings into a day care facility. The applicant was advised that this development required the following approvals: . Zoning By-law Amendment . Site Plan Approval The applicant was advised to submit the required site plan drawings including site grading and landscape drawings in order to review the applications. 2.3 As part of the application, the applicant submitted a Site Plan drawing, detail floor plans and elevation drawings dated May 21,2007. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located on the south side of King Avenue in the Village of Newcastle. There is a two storey building with a recent extension on the property. The construction works of the extension are currently under way. The building is vacant at this time. REPORT NO.: PSD-112-07 PAGE 3 ..., = ~ ~. .. 2DOr->c-lt,t!t ~. ... "".,,'{-,,-~'ilil~~w' FIGURE 1 A view of the subject site and existing building from King Avenue I FIGURE 2 I The rear view of the subject property and the new extension REPORT NO.: PSD-112-07 PAGE 4 3.2 The surrounding uses are as follows: North King Avenue, single family residence and a gas station to the north of King Avenue Existing residence Existing residence Existing Municipal Fire Station South - East West - 4.0 PROVINCIAL POLICIES 4.1 Provincial Policv Statement . Promotes efficient development and land use patterns accommodating an appropriate range and mix of residential, employment, commercial, industrial, institutional, recreational and open spaces. 4.2 Growth Plan The Plan policies support the planning for community infrastructure. Community infrastructure refers to lands, buildings, and structures that support the quality of life for people and communities by providing public services for health, education, recreation, socio-cultural activities, security and safety, and affordable housing. The plan promotes communities that are well-designed, offer transportation choices, accommodate people at all stages and have the right mix of housing,a good range of jobs, and easy access to stores and services to meet daily needs. Daycare facilities are considered as an element of community infrastructure; as a result, the proposed use conforms to the policies of the Provincial Growth plan for the Golden Horseshoe Area. 5.0 OFFICIAL PLANS 5.1 Durham Reqional Official Plan The Durham Regional Official Plan designates the subject lands as "Living Area". Living areas shall be developed in harmony with surrounding uses and may consist of the following uses: . Housing including group homes, home occupations and convenience stores which are compatible with their surroundings, certain public and recreational uses which are compatible with their surroundings and . Limited office developments and limited retailing of goods and services, in appropriate locations, as components of mixed use developments, provided that community and local central areas are designated in the area municipal plans, and the functions and characteristics of such Central Areas are not adversely affected. REPORT NO.: PSD-112-07 PAGE 5 The intent of the plan is to achieve a compact urban form, including intensive residential, office, retail and service and mixed uses along arteriC!l1 roads and in conjunction with present and potential transit facilities. The proposed use of the subject property, a day care facility, intends to provide a service to the community and conforms to the Regional Official Plan policies. 5.2 Clarinaton Official Plan The Clarington Official Plan designates the land as urban re$idential and is predominantly used for housing purposes. Other uses may be permitted which by the nature of their activity, scale and design are supportive of, compatible with and serve residential uses. These include corner stores, home-based occupation uses, parks, schools, and community facilities. Parks, schools, and community facilities. Day care centres are considered a "community facility". Parks, schools, community facilities and institutions states that the goal is to provide for a range of activities, facilities and services to meet the evolving needs of residents of all ages and physical capabilities. They are encouraged to locate enabling easy accessibility by the majority of the population and, where possible, to utilize full municipal services. Site development criteria for institutional and community facilities are: . Sufficient parking and loading areas . Safe and convenient access . High quality landscaping . Visual integration of the facility within the existing or planned surrounding uses . Fencing, screening and buffering from adjacent lands where appropriate and necessary The day care centre is considered a typical use in an urban living area, as a result the proposed use would conform to the Official Plan land use policies. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands as "R 1 - Residential exception R 1 Zone" and permits a single detached dwelling, home occupation uses (exceptthe retail sale of antiques, art, crafts, or hobby items), and places of worship (subject to the regulations of Section 12.2). A Day Care Facility is not a standard permitted use of this zone and therefore requires an Amendment to the current Zoning By-law. REPORT NO.: PSD-112-07 PAGE 6 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Pursuant to the requirements of the Planning Act, the signage acknowledging the application was installed on the subject lands on September 10, 2007. In addition, notice of the application was mailed to each landowner within the prescribed distance of 120 metres from the site on September 7,2007. 7.2 Three residents who live on the neighbouring properties to the South, provided concerns. The key concerns were: . The issues of storm water drainage within the site and possibility of water coming from the subject property onto their properties, since the subject property slopes towards their properties facing the southwest boundary; . Disturbance due to noise from the children in the daycare and requirement of a noise fence; . Issues due to the garbage at the back of the subject property; . The extension of the car park closer to the residential property bOl!ndaries; . The decrease of land values of their properties due to the change of the use of the subject property. 7.3 Syvan Developments Limited of Newcastle, the landlord of the Summit Montessori School provided a letter supporting this application and mentioned that the above organization is a true asset to Newcastle Village. 7.4 No other public comments have been received at the time of writing this report. 8.0 AGENCY COMMENTS 8.1 The application was circulated to relevant agencies on September 4,2007, and the following comments were provided. Clarington Engineering Department: . The applicant's engineer will be required to prepare a Lot Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this site. Clarington Building Division: . A "Change of Use" permit or a building permit will be required to convert this property from residential to a daycare facility. . Show detail of the proposed ramps, one barrier free parking space and a barrier free path of travel to the main entrance. . Show the location of the hydrant as water will be required for fire fighting per Section 3.2.5.7 of the Ontario Building Code (OBC). . Prior to a building permit being issued the owner must submit approval from the Ministry of Children & Youth Services under the Day Nursery Act. REPORT NO.: PSD-112-07 PAGE 7 . Show the location of the hydrant as water will be required for fire fighting per Section 3.2.5.7 of the Ontario Building Code (OBC). . Prior to a building permit being issued the owner must submit approval from the Ministry of Children & Youth Services under the Day Nursery Act. . This building must be located not less than 3 m and not more than 15 m from the access route as required in Section 3.2.5.5 of OBC. The access rpute design shall comply with Section 3.2.5.6 of the OBC. Show all dimensions ofthe fire route on the site plan drawing. This would include the turning radius and width of the fire routes. Clarington Emergency and Fire Services: . No site plan fire concerns found on submitted drawings. . Parking is not permitted on Fire Department property. . A fire alarm system may be required if more than 40 students. Durham Region Planning Services Department has no objection to the proposal on condition municipal services are hooked up to the subject property Enbridge Gas Distribution has no objections for this application 9.0 STAFF COMMENTS 9.1 The Durham Regional Official Plan supports certain public and recreational uses which are compatible with their surroundings and limited retailing of goods .and services, in appropriate locations, provided that the functions and characteristics of such Central Areas are not adversely affected. The Clarington Official Plan (Section 9.3.4 and 18) permits Day Care uses in urban living areas. The proposed use is permitted in terms of both the Regional and Clarington Official Plans. 9.2 The subject property is located adjacent to the Village Centre which has a range of land uses including residential and commercial uses. The subject property faces King Avenue which is the main thoroughfare in the Village Centre and the current road infrastructure can deal with any additional traffic created due to the proposed use. 9.3 The applicant has also applied for site plan approval. For site plan review, additional information on the development such as site grading, stormwater drainage and landscaping is required. The applicant will be required to provide the information on the proposed methods of noise attenuation, garbage handling and landscape treatments along the property boundaries in order to deal with the resident's issues. 9.4 As the day care facility is not a standard permitted use within the Residential R-1 Zone, a site specific Zoning By-law Amendment is required for the change of use of this site to a daycare facility. However, the applicant has later informed the staff that he wishes to obtain a zoning change approval for the subject property to be used for commercial purposes in addition to the daycare facility. The applicant was informed that for such a REPORT NO.: PSD-112-07 PAGE 8 change to the current re-zoning application will require an additional public meeting and notification to the residents who live within 120m from the subject property. 10.0 CONCLUSIONS 10.1 In consideration of the comments received from the circulated agencies and the public and our planning review of the proposal it is recommended that the application for Zoning By-law Amendment (ZBA 2007-0037) submitted by John Hinds to change the zone category of a .0833 ha parcel of land from "Residential (R1) Zone" to permit a day care facility be referred back to staff for further review and consideration prior to a recommendation report to the Council. Attachments: Attachment 1 - Key Map List of interested parties to be notified of Council's decision: John Hinds Keith Dundas Ann Marshell Edmond Vanhaverbeke Attachment 1 To Re ort PSD-112-07 ;:;; 0 g I- " <D Z = 3^'~O 3 W .. :!!E '" ~ 0 II) r-- z 't:l " .!: z M W 0 :!!E J: ... 3^'~O OlNIW,l 0 <l: c '" I ::;: r-- ~ .c r:: Wt5lHHRJW 0 0 0 2: > 0 .., ;g 25 . ~ N ;.: . CI) u ffi_~ <C >- c 0 mal == -' ;:;; - ~ '" '" NCl 0 'E :5 z .. ... z e 3^'tJO tJ3VjtJ 0 ... N ~ -;.:,;.~~% I- m <( w W ::l z~ UJ tl :;c ~ " z 52 "- 'Z - i . .~u. . '" .' -' ' \. J ~ , """""'" ..!i'. "f!o- '~i_ .- ~ , .. ." -! ~5" ....----J.-- (1,....dA<) J.-.a.,ra<::] o , ~ a"ol>- ~ \ ~. ~ ~ 1. _ z -" "'Z' ~. Z . ~ :!l. ~ I .~ z ~