HomeMy WebLinkAboutPD-111-94�1.. d. ...M Y ..... .
DN: RCCORP.GPA REPORT
Meeting: General Purpose and Administration Committee File V 4 t 1 � t)
Date: Monday, September 19, 1994 fees. — 27 ^ 3 1
Report #: PD -111 File #:
-94 DEV 94 -008 By -Law # -/�
Subject: REZONING AND SITE PLAN AMENDMENT APPLICATION
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-111-94 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, to permit a day care and
convent facility, be APPROVED;
3. THAT the amending by -law attached hereto be forwarded to
Council for approval;
4. THAT a copy of this report and the amending by -law be
forwarded to the Region of Durham Planning Department; and,
5. 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 "Agricultural
Exception (A -48)" zone to permit a 1,080 m2
(11,600 sq. ft.) day care and convent facility
in addition to the existing uses
1.4 Site Area: 1.24 hectares (3.07 acres)
567 ....2
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REPORT NO. PD-111-94 PAGE 2
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.
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 a 1,080 m2 (11,600 sq.
ft.) day care and convent facility. The building will contain
day care space for a maximum of 63 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" with an indication
....3
REPORT NO. PD-111-94 PAGE 3
of environmental sensitivity. 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, these uses are permitted within the
"Major Open Space" designation at locations which are visible
and accessible to residents.
5.3 The Durham Region Planning Department has indicated in their
comments that the application appears to conform with 1991
Durham Region Official Plan.
6. ZONING BY -LAW COMPLIANCE
6.1 The subject lands are currently zoned "Agricultural (A) ". The
zone permits rural residential, agricultural, conservation,
fairground, and wayside pits and quarries uses as well as
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.
....4
REPORT NO. PD-111-94 PAGE 4
7.2 A statutory Public Meeting was held on April 5, 1994 to
solicit opinions from surrounding residents. No one spoke in
opposition to or in support of the application. A
representative of the Daughters of St. May of Leuca, the
organization which will administer the facility, appeared
before the Committee to advise that the proposed facilities
would support the community.
7.3 Three telephone inquiries requesting additional information
were received regarding this application. A submission was
received from an adjacent resident who is concerned that
permitting this development may cause water levels in adjacent
wells to drop and the installation of an additional septic
system on site may cause further water pollution problems.
8. AGENCY COMMENTS
8.1 The application was circulated to solicit comments from
other relevant agencies.
8.2 Comments indicating no objections have been received from the
following agencies:
Clarington Building Department
Clarington By -Law Department
Clarington Community Services Department
8.3 The Clarington Fire Department has no objections to the
proposal provided that the building complies with all relevant
Building Code and Fire Code requirements.
8.4 The Clarington Public Works Department has no objections to
the development subject to grading and drainage consideration
at the site plan approval stage.
....5
REPORT NO. PD-111-94 PAGE 5
8.5 Initially, the Durham Regional Health Unit had insufficient
information upon which to provide comments and asked the
applicant to provide a detailed hydrogeological study. The
report examined the impact of the development on ground water
quality and quantity and provided recommendations for well
depth and septic system design. The Health Unit also
instructed the applicant's engineer to gather information on
water consumption and sewage flows from similar projects from
Durham And York Regions as a basis for the assessment. Based
on a review of the final report, the Health Unit has no
objection to the proposal provided that the following
conditions are fulfilled;
• The owner shall adhere to the specified terms outlined in
the report submitted by Gibson & Associates Ltd. entitled
Report, Private on -Site Sewage Disposal, Proposed Day
Care and Convent St. Therese Roman Catholic Church
Courtice, Municipality of Clarington reference no. F-
1029, dated June 1994 and finalized on August 25, 1994;
• The owner shall not vary the types of uses or exceed the
maximum occupancy rates as summarized below:
a) Church Functions - A maximum of 3 masses per week
and 2 masses per day with a maximum occupancy of
885 patrons per week;
b) Banquet Facility - A maximum of 1 banquet function
per week with a maximum of 180 patrons per day;
C) Day Care Facility - A maximum of 63 preschoolers
per day;
d) Convent Facility - A maximum occupancy of 9 nuns;
and,
e) Rectory/Living Quarters - A maximum of 2 priests.
• The owner shall adhere to the recommendations pertaining
to the existing and proposed private sewage system:
....6
REPORT NO. PD- 111 -94 PAGE 6
a) A Certificate of Approval is required from the
Durham Region Health Unit prior to issuance of the
building permit;
b) The design of the private sewage system shall
conform to Ontario Regulation 358 under the
Environmental Protection Act and the recommended
design in the engineering study;
c) The combined total daily sewage flow shall not
exceed 4,500 litres per day from the existing and
proposed uses;
d) A balancing tank is required for the existing
church /banquet facility;
e) A water flow meter is required to monitor the daily
water usage during the first 2 years of operation.
A qualified engineer shall assess the data and
report the results to the Health Unit on an annual
basis;
f) In the event that the annual survey reveals that
the daily sewage flows exceed 4,500 litres per day,
the owner will be required to reduce or eliminate
certain activities to maintain the threshold of
4,500 litres per day;
g) In the event that the annual survey reveals that
the daily sewage flows exceed 4,500 litres per day,
the entire operation will be subject to the
Ministry of Environment and Energy Reasonable Use
Policy 15.08; and,
h) The construction of the private sewage system shall
be site supervised by a qualified professional
engineer in conformity with the conditions outlined
in the Certificate of Approval to construct the
private sewage system.
....7
REPORT NO. PD- 111 -94 PAGE 7
• The proposed water supply shall be a drilled well
constructed in conformity with the report
recommendations; and,
• The owner shall provide the Health Unit with a detailed
plan and equipment schedule for the food preparation area
of the day care facility in conformity with the Ontario
Food Premises Regulation.
8.6 The Durham Region Planning Department has indicated that the
proposal appears to conform with the 1991 Durham Region
Official Plan as discussed in Section 5 of this report. The
Durham Region Public Works Department has no objections and
notes that municipal water and sanitary services are not
available nor are they budgeted for in the Capital Works
Budget.
8.7 The Central Lake Ontario Conservation Authority has no
objections to the development. However, they require detailed
grading and drainage plans prior to issuance of site plan
approval. Appropriate controls to prevent sediment from
washing off -site should also be implemented.
8.8 The Peterborough- Victoria - Northumberland - Clarington Separate
School Board has no objection to the proposal. The School
Board owns the 7.5 m (25.0 ft) driveway along the northern
boundary of the subject lands. Although they do not object to
the private entrance being located along their driveway, they
have requested that the turning circle for the day care be
relocated to the east side of the proposed building.
8.9 The Ministry of Environment and Energy will not provide any
comments on this proposal as it is the jurisdiction of the
Durham Region Health Unit. ....8
REPORT NO. PD- 111 -94 PAGE 8
9. STAFF COMMENTS AND CONCLUSIONS
9.1 The applicant has attempted to satisfy many of the agencies'
and residents' concerns regarding water quality and quantity
issues in the area through the hydrogeological report. The
applicant must comply with the detailed recommendations in
this report for the construction of the private sewage system,
well drilling and post- construction water monitoring. The
Municipality is satisfied that sufficient requirements from
the Health Unit are in place to protect the water quality and
quantity in the area.
9.2 The attached by -law contains site specific zone requirements
relating to the side yard setback and total floor area. These
are necessary to accommodate the proposed building in the
desired location while maintaining sufficient area to
accommodate the private sewage system and water supply.
9.3 The convent and day care facility will not be subject to any
separate parking requirements as they will share the existing
parking facilities with the church. The convent facility will
contain a three car garage with parking for three additional
cars in the driveway to accommodate the 6 nuns residing there
on a permanent basis. Any additional daytime parking required
by the convent can be accommodated within the church parking
area.
9.4 There should not be any land use conflicts as the day care
operates at different times from church masses or special
events. The masses are held during the weekend and special
events may be held during the week in the evenings. The
principle operating hours for the day care facility is during
the day. For this reason, traffic or parking conflicts are
not anticipated.
....9
REPORT NO. PD-111-94 PAGE 9
9.5 The applicant must enter into a site plan agreement with the
Municipality of Clarington prior to the issuance of a building
permit. A number of issues including lot grading and drainage
and the relocation of the turning circle can be addressed at
this stage.
9.6 In consideration of the comments contained in this report,
approval of the rezoning from "Agricultural (A)" to
"Agricultural Exception (A -48)" would appear appropriate. It
is therefore respectfully recommended to Committee that the
attached zoning by -law amendment be APPROVED. This would
permit the applicant to construct a 1,080 mZ (11,600 sq. ft.)
day care and convent facility with a maximum occupancy of 63
preschoolers and 9 nuns.
Respectfully submitted, Reviewed by,
e.
!(dt [g
Franklin Wu, M.C.I.P.
Director of Planning
and Development
RH *FW *cc
Attachment #1 - Site Plan
Attachment #2 - Amending By -Law
September 8, 1994
W. H. Stockwell
Chief Administrative
Officer
Interested persons to be notified of Council and Committee's
decision:
1008941 Ontario Inc.
c/o Ralph Carnovale
P.O. Box 309
Bowmanville, Ontario
L1C 3L1
Sister Rosanna Orit, D.M.L.
Daughters of St. May of Leuca
3800 Courtice Road North
Courtice, Ontario
L1E 2L5
SITE PLAN SHOWING -
PROPOSED DAY-CARE and CLOISTER
BEING
PART OF LOT 29. CONCESSION 3
(geogrophlc Township of Dorlington)
MUNICIPALITY OF CLARINGTON
- REGIONAL MMHOPALITY OF DURHAM
SCALE RATIO I to 500
METRIC - DIMENSONS SHOWN HEREON ARE IN METRES AND
CAN BE CONVERTED TO FEET BY DIVIDING 810,3048
f
TOP06RAAHICAL INFORMATION SHOWN HEREON ARE IN
ACCORDANCE WITH INFORNATION RECENED FROM OTHER 601IRCES.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 94-
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for 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 former Town of Newcastle in
accordance with application DEV 94 -008 to permit a 1,080 mZ (11,600 sq. ft.) day care and
convent facility with a maximum occupancy of 63 preschoolers and 9 nuns.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4 "Special Exceptions - Agricultural (A)" zone is hereby amended by adding
thereto, the following new Special Exception 6.4.48 as follows:
"6.4.48 Agricultural Exception (A -48)
Notwithstanding Section 6.1 and Section 6.3, those lands zoned "A -48" on the
Schedules to this by -law may be used for a day care and convent facility subject to
the following zone regulations:
a. Rear yard 3.0 metres
b. Total Floor Area (maximum) 1,080 square metres
For the purposes of this provision, a Convent shall be as defined within the
definition of Place of Worship contained within Section 2 of this By- Law."
2. Schedule "4" to By -Law 84 -63, as amended, is hereby further amended by changing
the zone designation from:
"Agricultural (A)" to "Agricultural Exception (A -48)" as shown on the attached Schedule "A"
hereto.
3. Schedule "A" attached hereto shall form 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 1994.
BY -LAW read a second time this day of 1994.
4 BY -LAW read a third time and finally passed this day of 1994.
577
This is h ul "A" to
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passed this
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