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Report FTTjR # DEV 94 -017
Subject: REZONING APPLICATION
ROBERT PINHEIRO ON BEHALF OF BETHESDA HOUSE OF MERCY
PART LOT 10, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
FILE: DEV 94 -017
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 112 -94 be received;
2. THAT the application to amend the Comprehensive Zoning By -Law
84 -63 of the former Town of Newcastle as submitted by Robert
Pinheiro on behalf of the Bethesda House of Mercy to permit a
residential care 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:
1.2 Owner:
1.3 Rezoning:
1.4 Site Area:
Robert Pinheiro on behalf of
Bethesda House of Mercy
Elise Lanteigne
From "Urban Residential Type One
(R1)" to "Urban Residential
Exception (R1 -36)" to permit a
residential care facility
0.10 hectares (0.25 acres)
RECYCLED DEC YCLE
T 6 2 PPJRRED IX RECYCLED PAPER
Report PD- 112 -94 Page 2
2. LOCATION
2.1 The subject property is located on a 0.10 hectare parcel on
the east side at 141 Liberty Street South in Bowmanville. The
site is located in the vicinity of the Liberty Street South
and Baseline Road intersection. The property in legal terms
is known as Part Lot 10, Concession 1 in the former Town of
Bowmanville.
3. BACKGROUND
3.1 On May 16, 1994, Robert Pinheiro filed an application with the
Municipality of Clarington to amend the Comprehensive Zoning
By -Law 84 -63 of the former Town of Newcastle. The purpose of
the application is to change the current zoning from "Urban
Residential Type One (R1)11 to an appropriate zone to permit a
residential care facility in a single family residential
dwelling. The facility is non - profit and non - denominational
in nature, offering lodging and support for a total of 15
abused women and their children. The expected average stay
will range from between 15 days to 28 days. There will be 24
hour paid supervisory staff as well as volunteers at the
shelter.
3.2 The applicant had filed an application (DEV 94 -006) to develop
such a facility earlier this year for another property within
the Municipality. Due to extenuating circumstances, the
application was revised to reflect the current location.
4.. EXISTING AND SURR
4.1 Existing Uses:
4.2 Surrounding Uses:
East:
North:
West:
South:
OUNDING USES
Single Family Dwelling
Parking Lot for Devonshire Apartments
Single Family Dwellings
Bowmanville Memorial Park
Devonshire Apartments
�8U
S. OFFICIAL PLAN POLICIES
5.1 Within the 1991 Durham Region Official Plan, the subject lands
are designated as "Living Area ". Within the Official Plan of
the former Town of Newcastle, the subject lands are designated
as "Low Density Residential Area ". As the proposed use is
residential in nature, the application is deemed to conform
with the relevant policies of both Official Plans.
6. ZONING BY -LAW CONFORMITY
6.1 The subject lands are currently zoned "Urban Residential Type
One (R1)" which permits single detached dwelling units, semi-
detached dwelling units, duplexes, home occupations and places
of worship. The applicant has applied for permission to
develop a residential care facility which offers lodging and
support for abused women and their children. As this is not
a permitted use within this zone, an amendment to the
Comprehensive Zoning By -Law is required.
7. PUBLIC NOTICE AND SUBMISSION
7.1 Pursuant to Council's resolution of July 26, 1982 and
requirements of the Planning Act, R.S.O. 1990, the required
notice was mailed to each landowner within the prescribed
distance. However, the usual signage acknowledging the
application was not required to be erected on the subject
lands due to the sensitive nature of the application.
7.2 A statutory Public Meeting was held on July 18, 1994 to
solicit opinions from surrounding residents. No one spoke in
opposition to or in support of the application. Mr. Robert
Pinheiro, the agent for the applicant, appeared before
Committee to provide a project history and details of the
subject property.
Report PD- 112 -94 Page
7.3 As of the writing of this report, four general telephone
inquiries relating to the proposed development has been
received. Discussions between Staff and the owners of the
Devonshire apartment building have also taken place to
alleviate their concerns that this site could not be used as
a future group home. The attached by -law has been worded
accordingly.
7.4 Three submissions were received by the Planning and
Development Department from interested delegations at the
September 6, 1994 General Purpose and Administrative Committee
meeting. Although they support this facility in principle,
they raised a number of concerns. An argument was presented
that the adjacent apartment complex could potentially endanger
the safety of the residents through sniper activity from
balconies. Questions regarding safety measures and
precautions at the shelter were also raised. The adequacy of
parking both for employees and residents was mentioned. The
accountability of the organization was questioned,
specifically with regards to adherence to the Woman Abuse
Protocol and the accessibility of the shelter to all women
regardless of race, creed, religion, disabilities or sexual
orientation. Finally, the wisdom of establishing a small
shelter during these economic times was questioned as this may
preclude the establishment of a larger facility in the future.
S. 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:
Municipality of Clarington Building Department
Municipality of Clarington By -Law Department
Municipality of Clarington Community Services
58'
Report PD- 112 -94 Page 5
Department
Central Lake Ontario Conservation Authority
8.3 The Municipality of Clarington Fire Department has no
objection to the proposal provided that all renovations comply
with the Ontario Fire Code.
8.4 The Municipality of Clarington Public Works Department has no
objections to the proposal provided that no changes are made
which would alter the conditions on the site.
8.5 The Durham Region Planning Department has indicated that the
proposal conforms to the 1991 Durham Official Plan. Full
municipal sanitary and water services are available to the
site. However, should larger services be required, a site
servicing plan would have to be submitted to the Durham
Regional Public Works Department for approval. In addition,
a 3.048 metre road widening is required across the front of
the property which must be conveyed free and clear of all
encumbrances to the Region.
8.6 The Clarington Hydro Electric Commission did not provide any
comments on the application.
9. STAFF COMMENTS AND CONCLUSIONS
9.1 The application proposes that a Residential Care Facility be
established to provide temporary accommodation for victims of
wife abuse as well as their children. The following
definition for a Residential Care Facility has been included
in the attached by -law:
"A place for the temporary accommodation of persons, who,
by reason of their emotional, mental, social or physical
condition, or legal status, require a supervised group
living arrangement for their well- being. A residential
care facility shall not include a group home, halfway
�m
m
house, any type of correctional facility or any other
similar institutional use as defined or classified within
Section 2 of this by- law."
9.2 The locational criteria of such a facility is an important
consideration. The users of this type of facility are likely
to require support services such as counselling, medical
services, schools and transportation as well as access to
shopping facilities. It is very important that such a
facility is located within close proximity to these services.
A rural location would isolate the facility from the necessary
services. As a residential care facility is predominantly
residential in nature, location within a residential area
would maintain its residential character while at the same
time providing some degree of anonymity. However, in order to
ensure its easy access to services, a fringe location on a
residential area adjacent to a major road would be preferable
to a location in the heart of the neighbourhood. Staff is
satisfied that the proposed location is suitable for the
proposed use.
9.3 A site inspection revealed that the property has two fairly
long driveways and a double car garage which could accommodate
between 9 to 12 cars depending on size, part of which can be
used as a drop -off area. Based on our discussion with the
applicant, the site would appear to have sufficient staff
parking as well as anticipated visitor parking. Therefore,
parking is not anticipated to be of any concern.
9.4 The site appears to be large enough to permit supervised
recreational activities for children in the rear yard. The
applicant has indicated that sufficient security mechanisms
are planned to provide a secure rear yard for the shelter's
occupants.
9.5 The issues raised in the submissions presented to Committee on
584
.,
the September 6, 1994 meeting are noted in Section 7.4 of the
report. However, the function of planning is to regulate land
use by assessing the appropriateness of a particular use at a
given location. We cannot provide any recommendations based
on whether or not facility and its operators are accountable
or responsible. In addition, ..we cannot predict, assess or
formulate a recommendation based on potential behaviour
patterns of users, residents or visitors. Planning, by
profession and legislation, is limited to the regulation of
land use.
9.6 The applicant has previously indicated that safety issues have
been examined. The Durham Regional Police and the Bowmanville
Memorial Hospital have been contacted by the applicant to
provide these organizations with information about the
shelter. The applicant is prepared to be accountable to the
Municipality and Council and maintain the property in a
respectable and safe manner. Professional staff will be
present 24 hours a day. The applicant has also indicated
their desire to establish a smaller facility which would be
more approachable and intimate. The organization has no plans
for expansion on the present site.
9.7 Although there has been some objection to the facility, Staff
believe that the issues which can be dealt through the
planning process have been addressed in a satisfactory manner.
Given that such a facility should be located within close
proximity to the necessary support services, this site offers
an appropriate location for this type of use. Being
residential in nature, the use does not offend the policies of
the Official Plan. It is therefore respectfully recommended
to Committee that the attached zoning by -law amendment be
APPROVED.
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
RH *FW *cc
Attachment #1 - Site Plan
Attachment #2 - Amending By -Law
Attachment #3 - Public Submissions
Recommended for presentation
to the Committee
IJ
William H. Sto kwell
Chief Administrative
Officer
Interested parties to be notified of Council and Committee's
decision:
Robert Pinheiro
2 Luverme Court
Bowmanville, Ontario
L1C 4C9
Francine Nicholas
c/o Alliance House
Box 121
Bowmanville, Ontario
L1C 3K9
Elise Lanteigne
141 Liberty Street South
Bowmanville, Ontario
L1C 2P5
Dondeb Construction Co. Ltd.
R.R. #2
King City, Ontario
LOG 1K0
Attn: Mr. Tom McConnell
Keith Marlowe, Violence Prevention Council
c/o Family Counselling Services
339 Westney Road South
Suite 103
Ajax, Ontario
L1S 7J6
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2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW 94-
being a By -Law to amend By -Law 84 -63, the Comprehensive By -Law of 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 Corporation of the former Town
of Newcastle in accordance with application DEV 94 -017 to permit a Residential Care
Facility.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1 Schedule 12.4 "Special Exceptions - Urban Residential Type One (R1) Zone" is
hereby amended by adding thereto the following new Special Exception 12.4.36 as
follows:
"l 2.4.36 Urban Residential Exception (R1 -36) Zone
Notwithstanding Section 12.4.1, those lands zoned "R1 -36" on the schedules to
this By -Law may be used for a Residential Care Facility.
For the purpose of this Special Exception, a Residential Care Facility shall mean
a place for the temporary accommodation of persons, who, by reason of their
emotional, mental, social or physical condition, or legal status, require a
supervised group living arrangement for their well- being. A residential care facility
shall not include a group home, halfway house, any type of correctional facility
or any other similar institutional use as defined or classified within Section 2 of
this by- law."
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)" to "Urban Residential Exception (131-36)" 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, R.S.O. 1990.
By -Law read a first time this day of
By -Law read a second time this day of
By -Law read a third time and finally passed this
1994.
1994.
day of 1994.
MAYOR
CLERK
This is ' •
By-law •
passed this—day
of—,1994A.D.
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Attachment #3 �
Madame Mayor, Members of Council and senior staff, on behalf of Durham
Region's Abused Women's Accountability Committee, I am here to present
the following statement with regard to the proposed Bethusda House
Women's Shelter:
The Accountability Committee is associated with the Violence Prevention
Council of Durham Region. In 1990 the Council undertook a project to
ensure standardised, quality service to abused women and their families
from service providers and organisations. The project is funded primarily by
the Ministry of Justice.
The Protocol Document is the result of this effort. The guidelines cover
Police, Crown Attorneys, Probation Services, Parole (Ontario), Shelters,
Health Services, Distress Centres, Children's Aid Society, Income Support,
Counselling Services, Boards of Education and Churches. The
Accountability Committee of the Protocol Project, is composed of abuse
survivors, whose personal experience of abuse ensure the needs of
abused women in every area of the document are addressed.
In March of 1995, the document, in its final form, is due for release. A
precious document for abused women of Durham Region. Before its
release, the Accountability Committee will have in a place its own system to
ensure all the guidelines are followed. The role of a shelter, as outlined in
the document, "is to provide a safe refuge and support for abused women
and their children ".
"To achieve this goal a shelter will:
ensure the environment is supportive, empowering and non - judgemental
*provide a setting where a woman can begin to make decisions for herself
and re -gain control of her life
*make specific efforts to ensure the physical setting is safe and secure
*provide information, support, short term counselling and referrals
*meet the distinct needs of children from abusive environments
*inform and educate the community and professionals on the needs and
realities faced by abused women
*participate in community efforts to eliminate the abuse of women
590
74,
recognise the criminal nature of wife abuse, by supporting the efforts of the
criminal justice system
* to advocate and foster the development of services for abused women
and their children
*to provide non - resident and crisis support."
The Accountability Committee has surveyed the location of the proposed
Bethusda House Shelter and is of the opinion that a location adjacent on
two sides to an apartment complex with 36 balconies and over one hundred
windows is unsafe and inappropriate. The location is relatively small in
order to meet the need for the private counselling of women, the special
needs of their children, along with providing everyday living space for eating
and sleeping.The parking facilities are not secured.
While the Committee recognises the proposed shelter may renovate,
expand in size, increase support services as fundraising activities allow and
secure its parking facilities, the location itself will always remain completely
unsafe surrounded by too many balconies and windows any of which are
perfect vantage points for offenders with guns.
We bring your attention to the newspaper clipping, Whitby Free Press,
dated July 13, 1994, which reports the seizure of a rifle, shotgun and cross
bow after a woman was threatened with death by her partner. For abused
women, living in fear of physical harm or death by their partner is a
frightening reality, for some inevitable. We also bring your attention to a
current case being heard in Oshawa in which a husband succeeded in
killing his wife. The Crown Attorney is seeking an unprecedented life
imprisonment sentence for manslaughter in this brutal act.
We ask the Mayor and Council to assess their reponsibility before
approving this unsafe location. We ask the Mayor and Council to recognise
the potenial danger to the women and children of this community seeking
shelter at this location. Women and children who assurne their lives are no
longer at risk, but are in reality living completely unprotected, in the shadow
of an apartment complex.
Thank you.
Sept. 2, 1994
Mayor Diane Hamre
Municipality of Clarington
40 Temperance St.
Bowmanville, Ont.
L1C 3A6
Violence Prevention Council of Durham Region
c/o Whitby Psychiatric Hospital
Building 30
700 Gordon St.
Whitby, Ont.
L1N 5S9
Dear Mayor Hamre and Members of Council:
We are writing on behalf of the Woman Abuse Protocol Committee of Durham
Region. The Woman Abuse Protocol Committee is a project sponsored by the
Violence Prevention Council of Durham Region and funded by the Department of
Justice, the Federal Solicitor General's Office, National Health and Welfare, and the
Ontario Women's Directorate. It brings together representatives of a variety of
agencies including counselors, police, shelters, Children's Aid, crown attorneys,
hospitals, boards of education, income support, churches, etc. to develop a consistent,
coordinated community response when dealing with abused women, children who have
witnessed violence, and men who have been abusive.
We are pleased that there is support and interest in developing a shelter for
abused women in the Clarington area. Information from various agencies represented
on the Protocol Committee would support the need for such a service. We wish,
however, to address three areas of concern about the proposed Bethesda Shelter for
abused women.
In our lengthy experience working on the Woman Abuse Protocol we have
come to appreciate the importance of a cooperative, consultative approach among
agencies that serve abused women and their children, including feedback from and
accountability to abused women. Because the Bethesda group has not participated in or
responded to the Woman Abuse Protocol, we do not know whether they plan to operate
according to the shelter guidelines, as well as, in their case, the church guidelines for
the Protocol. The other two shelters in this region have actively participated in the
Protocol and see themselves as accountable to the guidelines. In the case of the
Bethesda house group we do not know the depth of their understanding of the dynamics
of woman abuse. It is not clear how or whether they intend to coordinate with other
community agencies and whether they intend to make themselves in some way directly
592
accountable to abused women. It is also not clear what the accessibility of this shelter
would be, whether it would provide service for all women, regardless of race, colour,
sexual orientation, disabilities, or religious beliefs.
Secondly, we would like to draw attention to the issue of safety, one of the most
important considerations in developing a shelter for abused women. We understand
that the planned location of the Bethesda shelter is exposed on one side to a large
apartment complex. It is not beyond our experience that a man would attempt to shoot
his partner from such a location. It may also make it easier for an abusive man to
know where his partner is and to track her whereabouts. Again, we have no way of
knowing whether the Bethesda group has experience and expertise in establishing a
shelter with accountable plans for safety, both from an operational and a physical
perspective.
Finally, we wish to express concern about the size of the proposed shelter. It is
our understanding that the Bethesda shelter will have space for fewer than ten people,
including children. It may initially appear that meeting some of the needs may be
better than having no shelter at all. However, in times of fiscal restraint, it should be
recognized that the establishment of one shelter, even if inadequate for the needs of the
community, would likely preclude the support and funding of larger, more adequate
services for abused women in the future.
As representatives from the Woman Abuse Protocol Committee and the
Violence Prevention Council of Durham Region, we appreciate the opportunity to
express our concerns on this serious matter. Thank you for your consideration of this
information.
Sincerely,
Rita Benson, M.S.(MFT), M.S.W.
Chair, Woman Abuse Protocol Committee
Keith Marlowe, B.A., M. iv.
Registered Marriage and Family Therapist
Alk
WOMEN'S SHELTER
& SUPPORT SERVICE INC.
BOX 121
BOWMANVILLE, ONT.
LIC 3K9
(905) 697 -1116
SEPTEMBER 6, 1994
YOUR WORSHIP, MEMBERS OF COUNCIL AND SENIOR STAFF:
ON BEHALF OF ALLIANCE HOUSE WOMEN'S SHELTER AND SUPPORT SERVICES
INC. I WOULD LIKE TO EXPRESS OUR APPRECIATION TO BETHESDA HOUSE FOR
THEIR CONCERN FOR THE ABUSED WOMEN AND CHILDREN OF CLARINGTON.
ESTABLISHING A SHELTER IS NOT AN EASY TASK, BUT THEY HAVE GIVEN THE
PROJECT A LOT OF HARD WORK AND DEDICATION. AND FOR THIS, WE ARE
GRATEFUL.
HOWEVER, THERE ARE A NUMBER OF CONCERNS WHICH WE BELIEVE THE TOWN
NEEDS TO CONSIDER BEFORE GRANTING APPROVAL FOR BETHESDA HOUSE TO OPEN
A SHELTER AT THE PROPOSED LIBERTY STREET LOCATION. THESE FALL INTO
THREE MAIN AREAS: PARKING, SPACE, AND SAFETY.
FIRST: PARKING_ THE SITE CURRENTLY HAS PARKING FOR A MAXIMUM OF
THREE VEHICLES. THIS LIMITS THE MAXIMUM NUMBER OF STAFF ANDIOR
RESIDENTS TO THREE. NONE OF THESE SPACES ARE IN A SECURE AREA,
FRONTING AS THEY DO DIRECTLY ON LIBERTY STREET, THUS LEAVING BOTH THE
CAR AND ITS OCCUPANTS VULNERABLE. ARE THERE PLANS TO EXPAND AND
RELOCATE PARKING INTO THE REAR OF THE BUILDING WHERE SECURITY COULD
BE ASSURED?
THIS BRINGS US TO THE SECOND ISSUE: SPACE. IN TRANSITION HOUSE:
HOW TO ESTABLISH A REFUGE FOR BATTERED WOMEN (HEALTH AND WELFARE
CANADA 1989) A NUMBER OF SPACE REQUIREMENTS ARE CONSIDERED ESSENTIAL
IN A SHELTER. THESE ARE OFFICE SPACE, PRIVATE QUIET SPACE FOR
CONVERSATIONS BETWEEN ADULTS AND FOR STAFF INTERVIEWS AND
COUNSELLING, LIVING ROOM, LARGE DINING ROOM, LARGE KITCHEN WITH AMPLE
STORAGE, LAUNDRY, STORAGE SPACE, PRIVATE BEDROOMS WITH FLEXIBLE
ARRANGEMENTS FOR COTS, CRIBS, ETC., SAFE OUTDOOR PLAY SPACE, AND AN
INDOOR PLAY AREA FOR THE CHILDREN. WE HAVE NOT HAD THE OPPORTUNITY
TO SEE THE INSIDE OF THE HOUSE, BUT JUDGING BY THE OUTSIDE, IT DOES
NOT APPEAR THAT THE LOCATION IS ADEQUATE TO MEET THESE NEEDS AND DO
IT SAFELY. WHAT ARE THE PLANS FOR RENOVATIONS?
594 ..12
Jogcet1 r we can L itrondcer.
- 2 -
FINALLY, WE WOULD BE NEGLIGENT IN OUR RESPONSIBILITY AS AN ADVOCACY
AND SUPPORT GROUP FOR WOMEN AND THEIR CHILDREN IN THIS COMMUNITY IF
WE DID NOT RAISE OUR CONCERNS REGARDING THE SAFETY OF STAFF AND
RESIDENTS AT THIS LOCATION. WE HAVE ALREADY ADDRESSED THE SAFETY
ASPECTS OF PARKING AND SPACE AS.THEY RELATE TO THE PROPERTY ITSELF,
BUT WHAT ABOUT THE SURROUNDING NEIGHBORHOOD?
THE PROPOSED SHELTER STANDS IN THE SHADOW OF A HIGH -RISE APARTMENT
BUILDING WITH NUMEROUS BALCONIES LOOKING DOWN UPON IT. IT IS ACROSS
THE STREET FROM A LARGE PARK. STATISTICS SHOW THAT THE MAJORITY OF
WOMEN KILLED IN CANADA ARE MURDERED WHILE, OR SHORTLY" AFTER, LEAVING
AN ABUSIVE SITUATION. THE VANTAGE POINTS FOR A POTENTIAL ATTACK ARE
MANY AND VARIED IN THIS LOCATION. WHAT ARE THE TOWN'S LEGAL, IF NOT
MORAL, LIABILITIES IF APPROVAL IS GRANTED FOR THIS SITE AND THEN A
SNIPER IN ONE OF THOSE BALCONIES KILLS A WOMAN AND HER CHILDREN WHILE
f
THEY ARE HOUSED IN WHAT THEY BELIEVE TO BE A SAFE PLACE?
WE ASK THAT, PRIOR TO APPROVAL BEING GRANTED, BETHESDA HOUSE HOLD A
PUBLIC FORUM TO PRESENT THEIR PLANS TO THE COMMUNITY AND WOMAN%CHILD
ABUSE PROFESSIONALS. PERHAPS BY WORKING TOGETHER ON THIS PROJECT, WE
CAN OVERCOME THE PROBLEMS LISTED ABOVE AND PRODUCE A SAFE HAVEN FOR
THE BATTERED WOPIEN AND CHILDREN OF CLARINGTON.
AGAIN, I WOULD LIKE TO EXPRESS OUR APPRECIATION FOR THE WORK DONE
THUS FAR, AND OFFER OUR WILLINGNESS TO ASSIST IN THIS PROJECT IN ANY
WAY WE CAN.
THE BOARD OF DIRECTORS
ALLIANCE HOUSE WOMEN'S SHELTER
AND SUPPORT SERVICES
595