HomeMy WebLinkAboutPSD-122-07
REPORT 112
CJ~mgron
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Monday, October 29, 2007
Report #: PSD-122-07
File #: ZBA 2007-0037
By-law #:
Subject:
PROPOSED DAY CARE FACILITY AT 279 KING AVENUE EAST,
NEWCASTLE
APPLICANT: 1713535 ONTARIO INC. (JOHN HINDS)
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-122-07 be received;
2. THAT the application for Zoning By-law Amendment (ZBA 2007-0037) submitted by
John Hinds to change the zone category for a .0833 ha parcel of land from
"Residential (R1) Zone" to "Residential Exception (R1-69)" to permit a day care facility
be approved and that the By-law contained in Attachment 2 be PASSED; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed by:
D id Crome, M.C.I.P., R.P.P. ranklin Wu,
Director of Planning Services Chief Administrative Officer
JW/COS/DJC/df
October 24, 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-122-07
PAGE 2
1.0
1.1
APPLICATION DETAILS
Applicant:
John Hinds/Mark Hendrikx
1.2 Owner:
1713535 Ontario Inc.
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 A public meeting on this application was held on October 1, 2007. At the meeting,
Councillor Trim requested information on whether the correct process was followed. An
outline of the steps in processing this application in relation to the related building permit
is provided below.
2.2 In February, 2007, Mr. Hinds contacted the Planning Department to inquire about a
change of use of the subject property to a Day Care Facility. At this time, the applicant
was informed about the need for a zoning amendment and site plan approval for this
development.
2.3 In May 2007, Mr. Hinds met with the planning staff on the proposal and the applicant
was advised again that this application required a Zoning Amendment and a Site Plan
Approval. Further, additional information on the approval process, timing and required
documents were provided to the applicant.
2.4 On June 11, 2007, Mr. Hinds submitted an application to the Building Division for a
building permit for an addition to a residential building. On the building permit
application he noted the following:
o Proposed use of the Building is " Residential";
o Description of proposed work is "Build an addition that will include a new kitchen,
two bathrooms and a master bedroom, renovate the existing structure with open
concept great room and dining room".
The drawings submitted for Building Permit showed the above noted rooms and a
standard declaration was signed stating the information contained on the application is
true to the best of his knowledge. The building permit for this development was issued
on July 11, 2007 and the building was inspected as an addition to a single family
dwelling. All mandatory inspections with the exception of the three final inspections
(building occupancy, plumbing occupancy and heating occupancy) were completed.
The Occupancy Permit has not been granted for the building since the applicant's agent
has later indicated to the Building officials that he intends to use the building as a
Daycare, and not as a single family dwelling.
REPORT NO.: PSD-122-07
PAGE 3
2.5 On August 1, 2007 Mr. Hendrikx, agent for the applicant, informed the Building Division
that this building would be used as a Day Care Centre. Mr. Hendrikx was informed that
he will need a "Change of Use" permit or a "building permit" to convert this building from
a residential use to a day care centre as per the requirement of the Ontario Building
Code. A letter was sent by the Building Division informing him of these permit
requirements on August 15, 2007.
2.6 On August 2, 2007, Mr. Hendrikx, on behalf of the applicant, had a meeting with the
Planning Department staff. He stated that an extension to the existing residential
building is being constructed and he intended to convert the building into a day care
facility. At the meeting Mr. Hendrikx was advised that this development required the
following approvals:
. Zoning By-law Amendment; and
. Site Plan Approval.
2.7 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.
2.8 On August 10, 2007, the Municipality sent a letter to Mr. Hendrikx confirming the above
requirement with a copy of the Site Plan Control By-law Number 2005-135 to confirm
the Municipality's authority to require site plan approval for this type of application.
2.9 The Planning Department informed Mr. Hinds in writing on August 13, 2007 that the
application was incomplete and it did not include the required number of copies of site
plan drawings. He was advised to submit the required copies of site plan drawings
including servicing and grading and landscape drawings in order to review the
applications.
2.10 On August 22, 2007 Mr. Hinds provided 20 copies of following drawings:
. A Site Plan drawing, floor plans and elevations dated May 21, 2007.
However, the servicing and landscape plans were not part of the drawings submitted.
Mr. Hinds confirmed that the Stormwater drainage, grading and landscape drawings
were being prepared and they would be provided as soon as they were available.
2.11 Subsequently on September 5, 2007, the applicant was informed that the Site Plan
Application was deemed incomplete and the outstanding items were a landscape plan
and the stormwater drainage/service plans.
2.12 The Municipality held a statutory public meeting on October 1, 2007 for this rezoning
application and Council recommended referring back this application to the staff for
further review and consideration prior to a recommendation report to Council.
2.13 As of the date of this report, the site plan application is incomplete.
REPORT NO.: PSD-122-07
PAGE 4
3.0 PROVINCIAL POLICIES
3.1 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.
. Recreational, tourism and other economic opportunities should be promoted.
3.2 Greenbelt Plan
The subject lands are designated as "Settlement Areas outside the Green Belt"and
therefore, the policies of the Green Belt Plan are not applicable to this site.
4.0 OFFICIAL PLANS
4.1 Durham Regional 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 various
uses including group homes, home occupations and convenience stores, certain public
and recreational uses which are compatible with their surroundings. Also 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, are permitted.
The intent of the plan is to achieve a compact urban form, including intensive
residential, office, retail and service and mixed uses along arterial 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.
4.2 Clarington Official Plan
The Clarington Official Plan designates the land as urban residential and is
predominantly used for housing purposes. Other uses such as corner stores, home-
based occupation uses, parks, schools, and community facilities may be permitted
which by the nature of their activity, scale and design are supportive of, compatible with
and serve residential uses.
Community facilities include day care centres. They are encouraged to locate enabling
easy accessibility by the majority of the population and, where possible, to utilize full
municipal services.
REPORT NO.: PSD-122-07
PAGE 5
Site development criteria for 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
A 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.
5.0 ZONING BY-LAW
5.1 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 (except the 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.
6.0 PUBLIC MEETING
6.1 Prior to the October 1S\ 2007 public meeting, three residents who live on the
neighbouring properties to the south, provided concerns. One of these residents
submitted a letter highlighting the concerns.
The key concerns were:
. The issues of stormwater 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 light trespassing from vehicles and outdoor lighting;
. Issues due to the garbage at the back of the subject property;
. The extension of the car park closer to the residential property boundaries;
. The decrease of land values of their properties due to the change of the use of the
subject property.
6.2 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.
6.3 At the public meeting, the owner of the Summit Montessori School spoke in favour of
the application.
REPORT NO.: PSD-122-07
PAGE 6
6.4 After the public meeting, six residents provided letters supporting this application.
7.0 AGENCY COMMENTS
7.1 The Rezoning and Site Plan applications were circulated to relevant agencies on
September 4,2007, and the following comments were provided.
7.2 Clarinaton Enaineerina 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.
7.3 Clarinaton Buildina 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.
. 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.
7.4 Clarinaton Emeraencvand Fire Services
. No 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.
7.5 Clarinaton Accessibility Committee
. Installation of gates on all stairways that are off main classroom, providing this is
not in violation of code.
. Ensure the space entering into the main classroom from the ramp entrance is
accommodating to wheelchair access.
. One toilet in the main washroom should be at a height to accommodate little
persons in wheelchairs.
. Ensure doorway into washroom is wheelchair width.
. Main floor kitchen work surface should be accessible for either an adult or child in
a wheelchair.
. Consider moving the ramp to the part of the building near the parking lot.
. All parking spaces should have low curbs.
. Make an accessible entrance into playground from ramp entrance.
7.6 Durham Region Planning Services Department has no objection to the proposal on the
condition municipal services are hooked up to the subject property.
7.7 Enbridge Gas Distribution has no objections to this application.
REPORT NO.: PSD-122-07
PAGE 7
8.0 STAFF COMMENTS
8.1 The proposed use is permitted under the policies of both the Regional and Clarington
Official Plans. 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.
8.2 The applicant has applied for a site plan approval and it is under review. For the review
of these applications, the applicant has been requested to provide the following
information:
. Site grading and stormwater drainage plan
. Landscaping plan
8.3 The applicant will also be required to provide the following information as part of the site
plan process:
. The proposed noise fence, to be constructed along the rear part of the
property boundaries; and
. All type of external lights in order to deal with the resident's issues.
8.4 The applicant met with the staff of the Municipality on October 22, 2007 and indicated
that the stormwater drainage plan and landscape plan will be provided and the noise
issues will be dealt with appropriately to the satisfaction of the Municipality.
8.5 With respect to Council's concerns about process, the entire timeline could have been
shortened if the applicant had obtained zoning approval as initially recommended in
February. Building staff processed the building permit on the basis of the information
provided and the sworn declaration. It was only subsequently that they were advised of
the owner's intention to use these lands for a day care facility. Only after further
discussion with Building and Planning Staff did the owner finally submit the required
zoning application.
8.6 The owner will be required to pay all development Charges for a commercial expansion
prior to the issuance of a Change of Use or Building Permit.
9.0 CONCLUSIONS
9.1 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 2007-0027) submitted by John Hinds to change the
zone category for a .0833 ha parcel of land from "Residential (R1) Zone" to "Residential
Exception (R1-69)" to permit a day care facility be approved and that the By-law
contained in Attachment 2 be PASSED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Zoning By-law Amendment
REPORT NO.: PSD-122-07
PAGE 8
List of interested parties to be notified of Council's decision:
John Hinds
Keith Dundas
Ann Marshell
Edmond Vanhaverbeke
Debbie Macdonell
Stephanie Butler
Chris Steven
W. Arlene Malcolm
Mark L. Hendrikx
Attachment 1
To Report PSD-122-07
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Attachment 2
To R~P()~~~~-122-0~_
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007-_
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law far the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with application
ZBA 2007-0037 to permit a day care facility as a permitted use;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 12.4"- Special Exceptions -Urban Residential Type one (R1) zone" is hereby amended
by introducing a new sub-section 12.4.69 as follows:
"12.4.69 URBAN RESIDENTIAL EXCEPTION (R1-69) ZONE
Notwithstanding Section 3.13, 3.16(d), 3.17 (a) and 12.2(a), (e) and (d) those lands zoned R1-
69 on the Schedules to this By-law shall only be used far a Day Care facility subject to the
fallowing zone regulations;
a)
b)
Lot Area (maximum)
Yard Requirements (minimum)
i) Front Yard
ii} Interior Side Yard
iii) Rear Yard
Total Floor Area (maximum)
Parking Aisle width far two-way traffic (minimum)
Number of Loading Spaces (minimum)
Planting Strip Requirement
835 sq.m
c)
d)
e)
f)
2.5 m
2.0 m
12.5 m
180 sq.m
5.7 m
None
None"
2. Schedule "2" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from: "Urban (A-1) Zone", to "Urban Residential Exception (R1-89) Zone" as
illustrated an the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall farm part of this By-law.
4. 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
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2007- ,
passed this day of .2007 A.D.
KING AVENUE EAST
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~ Zoning Change From "R-1" To "R1-69"
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
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