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Home My WebLink AboutPD-38-94Subject: REZONING & SITE PLAN AMENDMENT APPLICATION 1. THAT Report PD -38 -94 be received; 2. THAT the application to amend the Comprehensive Zoning By -Law 84 -63 of the former Town of Newcastle, submitted by Ralph Carnovale of 1008941 Ontario Inc. on behalf of the Roman Catholic Episcopal Corporation, be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and, 3. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Roman Catholic Episcopal Corporation 1.2 Agent: 1008941 Ontario Inc. (Ralph Carnovale) 1.3 Rezoning: From "Agricultural (A)" to an appropriate zone to permit an 1,025 m2 (11,000 ft2) day care centre and convent. 1.4 Site Area: 1.24 hectares (3.07 acres) 2. LOCATION 2.1 The applicant's lands currently contains the Mother Teresa Roman Catholic Church and rectory towards the front of the site located at 3800 Courtice Road. The Monsignor Leo Cleary Separate School is located to the west of the existing buildings. The legal description for the site is Part Lot 29, Concession 3, Former Township of Darlington. ....2 X08 RECYCLE' ECY�CLE TI6 B PR!NIED G4 RECYCLED PAPER REPORT NO. PD -38 -94 PAGE 2 3. EXISTING AND SURROUNDING USES 3.1 Existing Uses: A church and rectory building 3.2 Surrounding Uses: East: Mother Teresa Roman Catholic Church North: Vacant land and rural residential West: Monsignor Leo Cleary Separate School South: Woodlot with rural residential 4. BACKGROUND 4.1 On March 8, 1994, the Planning Department received an application from Ralph Carnovale of 1008941 Ontario Inc. on behalf of the Roman Catholic Episcopal Corporation to amend the Comprehensive Zoning By -Law 84 -63 of the former Town of Newcastle to permit the development of an 1,025 m2 (11, 000 ft2) day care centre and convent facility. The building will contain day care space for a maximum of 60 children and a small gymnasium on the main floor. The second floor will contain the convent housing 6 sisters on a permanent basis and offering 4 additional quarters on a temporary basis. An application for site plan approval has also submitted. S. OFFICIAL PLAN CONFORMITY 5.1 Within the 1991 Durham Region Official Plan, the subject property is designated "Major Open Space" and Environmentally Sensitive Area. The predominant uses of lands within this designation shall be for conservation, recreation, reforestation and agricultural and farm - related uses. 5.2 Although religious and community facilities are encouraged to locate within urban areas, Section 5.2.1 permits these uses within the "Major Open Space" designation. However, these uses are directed to locations which are visible and accessible to residents, preferably close to existing and future transit routes. ....3 U` REPORT NO. PD -38 -94 PAGE 3 5.3 In addition, Section 20.4.4 permits the continuation, expansion or enlargement of uses which do not conform to the designations of the Plan. Local Councils may zone to permit the continuation, expansion or enlargement of legally existing uses, or the variation to similar uses, provided that: • there are no adverse impacts on surrounding uses; • regard is taken for the Agricultural Code of Practice; and, • the use is accessible from a public road maintained on a year -round basis. 6. ZONING BY -LAW COMPLIANCE 6.1 The subject lands are currently zoned "Agricultural (A) ". The zone permits residential uses, farms and seasonal farm produce stands, conservation, kennels, stables, fairgrounds, wayside pits and quarries, and cemeteries and places of worship which existed prior to the date of passing of the zoning by -law. Because the Zoning By -Law only recognizes places of worship which existed prior to the date of passage of the By -Law, a rezoning is required to accommodate the day care and convent facilities. Therefore, the applicant is seeking an appropriate zoning to permit these uses. 7. PUBLIC NOTICE AND SUBMISSION 7.1 Pursuant to the Council resolution of July 26, 1982 and requirements of the Planning Act, R.S.O. 1990, the appropriate signage acknowledging the application was erected on the subject lands. The required notice was mailed to each landowner within the prescribed distance. 7.2 Two telephone inquiries requesting additional information have received regarding this application. One additional submission has been received relating to water quantity and ....4 �IU REPORT NO. PD -38 -94 PAGE 4 quality. The individual is concerned that permitting this development may not only cause water levels in adjacent wells to drop, but installation of an additional septic system on site may cause further water pollution problems. The letter has not been attached as the author requested to remain anonymous. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. 8.2 Comments indicating i following agencies: Clarington Clarington Clarington Clarington io objections have been received from the Building Department By -Law Department Community Services Department Fire Department 8.3 The Durham Regional Health Unit requires the following information prior to issuing comments on the application: • Based on the total daily sewage flows from the subject property, approval from the Ministry of Environment and Energy must be obtained; and, • A detailed site servicing plan and design report for the proposed sewage disposal system prepared by a qualified professional engineer must be submitted for technical review and approval. 8.4 Agencies which have not provided comments to date include Clarington Public Works Department, Central Lake Ontario Conservation Authority, Durham Region Planning Department, Durham Region Public Works Department, Ministry of Environment and Energy, Peterborough- Victoria - Northumberland - Newcastle and Separate School Board. ....5 REPORT NO. PD -38 -94 PAGE 5 9. STAFF COMMENTS 9.1 As the purpose of this report is to satisfy the requirements for the Public Meeting under the Planning Act, R.S.O. 1990, and considering the number of outstanding comments, it is respectfully requested that this report be referred back to Staff for further processing and the preparation of a subsequent report. Respectfully submitted, Franklin Wu, M.C.I.P Director of Planning and Development RH *FW *cc Attachment #1 - Location Map Attachment #2 - Key Map Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: 1008941 Ontario Inc. Sister Rosanna Orit, D.M.L. c/o Ralph Carnovale Daughters of St. May of Leuca P.O. Box 309 3800 Courtice Road North Bowmanville, Ontario Courtice, Ontario L1C 3L1 L1E 2L5 DEVm 94� 0"08� I Q4 16JNAL 8040 ALLOWANCE EETWEEN SITE PLAN SHOWING /l COACESSCNS 3 ono' a PROPOSED DAY -CARE and CLOISTER J BEING V (known loco //y os Pebb /esJOnr Rood / PART OF LOT 29 , CONCESSION 3 (geographlc TOWOSNp of DGFIIngton) MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM / SCALE RATIO i to 500 METRIC OIMENSIONB SHOWN HEREON ARE IN METRES AND S' / OAN BE CONVERTED TO FEET BY DIVIDING BY 0 3048. TOPoGRARHICAL INFORMATION SHOWN HEREON ARE IN i I AOOOROANCE WITH INFORMATION RECEIVED FROM OTHER EOORCES. I I rrrnrr r A•rvtur �� I 30.0 m rF, IA . - r n[rF. � n �•...4 /`ire -' rrFNII° spa rr..rrwr +oowo \ .rcr \'b H F m N ti O Z Q 3 ms " � o Q a k a � U .I o