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HomeMy WebLinkAboutPSD-073-10Clarington REPORT ceaarng the way PLANNING SERVIGES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7, 2010. Resolution #:QpA-33'9-ABy-law #: aQ/b- 07/ Report #: PSD-073-10 File #: ZBA 2009-0019 Subject: PROPOSED ZONING BY-LAW AMENDMENT TO ALLOW A MONTESSORI SCHOOL FOR CHILDREN AGES 1 TO 14 80 RHONDA BOULEVARD APPLICANT: WINTSER INVESTMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-073-10 be received; 2. THAT the rezoning application submitted by Wintser Investments Limited be APPROVED and that the proposed Zoning By-law contained in Attachment 2 to Report PSD-073-10 be PASSED; and 3. THAT all interested parties listed in Report PSD-073-10 and any delegations be advised of Council's decision. Submitted by: fr---~ Reviewed by ~?„'~-'~_c . a e Lan d, MCIP, RPP ranklin Wu, A ting Direc r of Planning Services Chief Administrative Officer MM/CP/av June 1, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-073-10 1.0 APPLICATION DETAILS. 1.1 Applicant: Wintser Investments Limited E 2 1.2 Owner: Peterborough Victoria Northumberland Clarington District Catholic School Board 1.3 Rezoning: To allow a Montessori School for children ages 1 to 14 at the former St. Stephens Catholic Elementary School 1.4 Area: 1.26 hectares 1.5 Location: 80 Rhonda Boulevard, Bowmanville 2.0 BACKGROUND 2:1 On January 29, 2010, Edgar Wilson on behalf of Wintser Investments Limited submitted an application for rezoning of the lands known as 80 Rhonda Boulevard in Bowmanville, formerly St. Stephens Catholic Elementary School. The purpose of the application is to allow a Montessori School for children ages 1 to 14. The statutory public meeting was held on March 8, 2010. Council directed that the application continue to be processed and that a further recommendation report be prepared. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property is 1.26 Hectares in size and contains the vacant St. Stephens Elementary School. There is an existing parking area towards the north side of the site and soccer/play fields in the rear yard. 3.2 The surrounding uses are as follows: North -Residential and a neighbourhood park including a baseball diamond South -Residential East -Residential West -Residential 4.0 PROVINCIAL POLICY 4.1 Provincial Policv Statement (PPS) The 2005 PPS states that land must be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns. It also requires that these development patterns optimize the use of land, resources and public investment in infrastructure by occurring adjacent to the existing built-up area and providing for a mix of uses. The use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. The REPORT NO.: PSD-073-10 PAGE 3 existing school facility is considered to be a public service facility. This proposal makes use of an existing building and infrastructure and is generally consistent with the PPS. 4.2 Provincial Growth Plan The lands subject to this application are within the "Built-up Area" of the Growth Plan for the Greater Golden Horseshoe (GP), as delineated in the Built Boundary for the Growth Plan paper issued on April 2008. The GP encourages towns to develop as complete communities with a diverse mix of land uses and a range and mix of employment and housing types. In addition, an appropriate range of community infrastructure should be in place to foster complete communities. The proposed private school would maintain this site for use as a school and also create jobs and a diversity of uses within the community, 5.0 OFFICIAL PLANS 5.1 Durham Regional Official Plan The lands subject to this application are designated "Living Areas" in the Durham Regional Official Plan. Living Areas shall be comprised of communities with boundaries which are defined in the Clarington Official Plan. The policies under Section 5.2.1 of the Official Plan indicate that cultural facilities for such purposes as education may be permitted in this designation. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject property "Urban Residential" with a separate elementary school symbol present. Elementary schools are permitted in any residential area and the principles of the Official Plan support the continued use of this property as a school Section 23.5.3 of the Clarington Official Plan authorizes Council to pass a by-law to recognize the continuation, expansion, or enlargement of a similar use. Given that the proposed Private Elementary School is a similar use to the "Separate Elementary School" use identified with the applicable symbol ih the Clarington Official Plan, the application for zoning by-law amendment is considered to conform. 6.0 ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Urban Residential Type One Zone (R1). The zoning permits an array of residential uses including public uses, which may be permitted in any zone. Since this lot and building are proposed to be used for non public use purposes, a Zoning By-law amendment is required. The Zoning By-law amendment is intended to permit a private school on this former public school site. REPORT NO.: PSD-073-10 7.0 SUMMARY OF BACKGROUND STUDIES PAGE 4 7.1 A traffic study was submitted for the subject property for the purposes of projecting traffic volumes and flow patterns should a private school be opened on the site. The study originally submitted with the application was found by the Clarington Engineering Services Department to be inadequate. The study was expanded to include traffic flow at the intersection of Rhonda Boulevard and Waverley Road at the request of Clarington Engineering, following the Statutory Public Meeting. The study found that the proposed Montessori School will have minimal impact on traffic operations in the vicinity of the school and no mitigating actions or improvements were recommended by the consultant. 8.0 PUBLIC SUBMISSIONS A member of the public expressed concerns with respect to the way students would get to and from school. The concern related to students being driven rather than walking to school for those who live close by. 9.d AGENCY COMMENTS 9.1 The Municipality of Clarington Emergency Services Department, the Separate School Board acid the Public School Board offered no objections to the application. 9.2 The Clarington Building Services Division indicated that should the zoning be approved a building permit would be required if the applicant will be doing any construction on the site and that a demolition permit will be required priorto removing the portable classrooms from the site. 9.3 The Clarington Engineering Services Department states that they have no objection to the proposed zoning change in principle, subject to the condition that no changes are made to the existing site. Prior to the Statutory Public Meeting, Engineering Services requested additional information from the consultant with respect to the traffic study submitted in support of the application. The traffic study was expanded to include the intersection of Rhonda Boulevard and Waverley Road and concluded no undesirable impacts. The Director of Engineering Services is satisfied with the conclusion of the traffic study. 9.4 The Region of Durham Planning Department indicated that the subject property is located in the "Living Areas" designation in the Durham Regional Official Plan. The policies under Section 5.2.1 of the Official Plan permit educational facilities recognized by the Ministry of Education within Urban Areas. This proposal conforms to the Region's Official Plan. This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of provincial interest applicable to this application. REPORT NO.: PSD-073-10 PAGE 5 10.0 STAFF COMMENTS 10.1 The applicant intends to occupy the site in the fall of 2010. All portable classrooms presently on the site are proposed to be removed as they will not be needed by the Montessori School 10.2 The applicant is proposing the continued use of the vacant St. Stephens Elementary School for its intended purpose as an educational facility. The only difference is the change in operation from a public use to a private institution. 10.3 At the time of the Statutory Public Meeting, staff were concerned with one of the school requirements listed in the Traffic Impact Study submitted by the applicant. The requirement as stated in the traffic study was that "all parents will drop off and pick up students by car. As part of the requirements of school registration, students will not be allowed to walk to the school. They must be driven." The Staff Report indicated that Glarington Planning would explore this further with the applicant. Following the Public Meeting, staff received correspondence from the applicant that section 4.0 of the traffic study had been worded incorrectly. The section was meant to indicate that the traffic study made the assumption that all students would be driven for the purpose of determining the worst case scenario with respect to traffic congestion as a result of the proposed private school. The correspondence from the applicant confirms that students are not required to be driven to school. They may walk or travel by other means of transportation if they and their families so desire. 10.4 The traffic study originally submitted by the applicant was limited to the entrance to the school site. While the study determined that there would be no significant impact on traffic flow in the area of the school entrance, it did not consider the traffic impact at the nearby intersection of Rhonda Boulevard and Waverly Road. The study was not acceptable to the Glarington Engineering Department. Following the Statutory Public Meeting, the applicant's consultant prepared a supplemental traffic analysis for vehicular and pedestrian movements at the intersection mentioned above. It was concluded that traffic flow at this intersection would not be negatively impacted by the proposed school and that no mitigating measures need to be taken. The Glarington Engineering Department concurred with the findings of the supplemental traffic analysis. 11.0 CONCLUSIONS The application has been reviewed in consideration of comments received from the circulated agencies as well as the public, the policies of the Glarington Official Plan and the Zoning By-law regulations. The concerns expressed by the Engineering Services Department and the Planning Services Department have been satisfied. In consideration of the comments contained in this report and the minor nature of the application, staff respectfully recommend that the proposed Zoning By-law Amendment contained in Attachment 2 be APPROVED. Staff Contact: Mitch Morawetz REPORT NO.: PSD-073-10 PAGE 6 Attachments: Attachment 1 -Key Map Attachment 2 -Zoning By-law Amendment List of interested parties to be advised of Council's decision: Peterborough Victoria Northumberland Clarington District Catholic School Board Wintser Investments Limited Dallas Adams Anne Austin Four Winds Montessori School Attachment 1 To Report PSD-073-10 d Q .~ ~ c ~ c ~ 'C .. R E ~ m ~ cm °~ ~° m o m ` o d r V o o .- ~ dd ~ o ~ ova O a ._ i N . ~ ICO «~. 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Section "12.4 SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE ONE (R1) ZONE" is hereby amended by adding a new "URBAN RESIDENTIAL EXCEPTION (R'1-80) ZONE" as follows: Notwithstanding the provisions of 12.1, those lands zoned "R7-80" on the Schedules to this By-law may be only used for the purposes of a private school." 2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Type One (R1) Zone' to "Urban Residential Exception (R1-80) Zone" 3. Schedule "A" attached hereto shall form part of the 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 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2010- , passed this day of , 2010 A.D. 0 rc w J 7 O m O Z O S K V ® Zoning Change From "R-1"TO "Rt-80" LAWRENCE GATE DOREEN CRESCENT Jim Abernethy, Mayor ~ Patli L. Barrie,. Municipal Clerk