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Home My WebLink AboutPD-57-90 TOWN OF NEWCASTLE ' t REPORT File # rl RE I D () Res. # By-Law # (STING: General Purpose and Administration Committee DATE: Monday, February 5, 1990 REPORT #: PD- 57 -90 FILE #: DEV 89-40 & OPA 89-27/D WBJECT: OFFICIAL PLAN AMENDMENT & REZONING APPLICATION APPLICANT - SYBIL REID PART LOT 32, CONCESSION 51 FORMER TOWNSHIP OF DARLINGTON FILE: DEV 89-40 & OPA 89-27/D RECOMMENDATIONS: It is . respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 57 -90 be received; 2 . THAT the Region of Durham be advised that the Town of Newcastle has no objections to the application submitted by Mrs . Sybil Reid to amend the Durham Region Official Plan to permit the establishment of a day care; 3. THAT the rezoning application to permit the day care be approved and the necessary by-law forwarded to Council at such time as the Official Plan Amendment has been approved by Regional Council and the applicant has entered into a site plan agreement; 4 . THAT a copy of this Report and Council 's decision be forwarded to the Region of Durham Planning Department; and 5 . THAT the interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1 1. 1 On March 6, 1989, the Planning and Development Department received an application to amend the Town of Newcastle Zoning By-law 1 submitted by Sybil Reid. Subsequently, on April 17, 1989, the Town was advised by the Region of Durham of an application to amend the . . .2 569 REPORT NO. : PD- 57 -90 PAGE 2 Durham Regional Official Plan. The subject application would seek to amend the current "Permanent Agricultural Reserve" designation in the Official Plan, and the "Agricultural Exception (A-1) " zone in By-law 84-63 to permit a daycare to be located within an existing single family dwelling. 1.2 On June 12 , 1989, Council endorsed a resolution that the applications be referred back to Staff for a subsequent Staff Report pending receipt of all outstanding comments . 2 . LOCATION 2 . 1 The subject property is located on the east side of Langmaid Road, north of Taunton Road (Regional Road 4) , being Part Lot 31, Concession 5, former Township of Darlington. The existing single family dwelling is located on a 4 .05 hectare ( 10 acre) parcel. 3 . EXISTING AND SURROUNDING USES 3. 1 The existing land uses adjacent to the proposed development are: North: Non-farm rural residential on a 4 hectare parcel. East: Open Space under cultivation. South: Non-farm rural residential on a 4 hectare parcel. West: Open Space under cultivation. 3 .2 Staff would also note that there is a 20 m (66 ft) easement for Ontario Hydro that traverses the property to the rear in a north- south direction. 4 . PUBLIC MEETING AND RESPONSE 4 . 1 At the Public Meeting on June 5, 1989, no individual was present in objection to or in support of the application, other than the applicant. 3 5 % Q . . . REPORT NO. : PD- 57 -90 PAGE 3 4 .2 Mrs. Sybil Reid informed the Committee that she has been a Registered Nurse for 32 years and wishes to open a Daycare Centre. Her proposal would provide care for approximately 50 children. 5 . OFFICIAL PLAN POLICIES 5 . 1 Within the Durham Regional Official Plan the subject property is designated as 'Permanent Agricultural Reserve' . The predominant use of land in areas so designated is for Agricultural and farm- related uses . Accordingly an amendment is warranted to permit the use. 6 . ZONING BY-LAW PROVISIONS 6 . 1 The subject property is zoned "Agricultural Exception (A-1) " zone, within the Town of Newcastle Comprehensive Zoning By-law. The proposed Daycare Centre is not presently permitted within the Agricultural Zone. 7 . AGENCY COMMENTS 7.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following department/agencies in providing comments, offered no objection to the application as filed: - Town of Newcastle Public Works - Central Lake Ontario Conservation Authority - Ministry of Natural Resources - Ontario Hydro - Region of Durham Works Department - Regional Health Department - Ministry of Agriculture and Food 7 .2 The Town of Newcastle Fire Department has offered no objection to the proposal, however the applicant will be required to comply with all aspects of Section 2 . 10 of the Ontario Fire Code. . . .4 571 REPORT NO. : PD- 57 -90 PAGE 4 7 . 3 The Regional Health Department had previously noted concerns about the existing sewage disposal system but a new sewage system has been installed on the subject property to service the existing home and daycare proposal. B . STAFF COMMENTS 8 . 1 Within Zoning By-lw 84-63 'Day Nursery' is defined as meaning a day nursery operated for pre-school age children within the meaning of The Day Nurseries Act, as amended. 8 .2 Staff would confirm that should Mrs. Reid's intentions be to obtain provincial assistance, the appropriate requirements and licensing provisions are applicable, and would be acknowledged in the Site Plan Agreement. Subsection 11 of the Day Nurseries Act, Chapter 111 states that no person shall establish, operate or maintain a day nursery except under the authority of a licence issued by the Ministry of Community and Social Services . 8. 3 Staff would confirm that parking, fencing and landscaping provided in association with the day car facilities will be in compliance with the zoning by-law and illustrated on the site plan drawings. 9 . CONCLUSION 9 . 1 In consideration of the comments contained within this report, Staff would have no objections to the approval of the Official Plan Amendment and Rezoning Application as submitted and described in Staff's recommendations . 5 572 . . . REPORT NO. s PD- 57 -90 PAGE 5 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. LcWren ce Kotseff DIrector of Planning Chief A nistrative and Development Office MP*LDT*cc *Attach 26 January 1990 Interested parties to be notified of Council and Committee's decision: Sybil Reid 5245 Langmaid Road R.R. #1 HAMPTON, Ontario LOB 1JO 573 h� 40.. 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