Loading...
HomeMy WebLinkAboutPD-221-90 ""'"' ` r,.• TOWN OF NEWCASTLE ,T EVIEW.GPA REPORT F i I # Res. # .,�:'�: .�-�• By-law # trEETING: General Purpose and Administration Committee DATE: Monday, July 9, 1990 REPORT #: PD-221-90 FILE #: REZONING APPLICATION - CAREVIEW MANOR SPECIAL CARE REST SECT: HOME INC. PART LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVILLE 106 CHURCH STREET, BOWMANVILLE FILE: DEV 90-018 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-221-90 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Barry-Bryan Associates Ltd. , on behalf of Careview Manor Special Care Rest Home Inc . , be approved only insofar as to permit a residence with a maximum of 44 persons and the necessary by-law be forwarded to Council once the Town of Newcastle Fire Chief has been satisfied that the contraventions of the Ontario Fire Code have been eliminated. 3 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Careview Manor Special Care Rest Home Inc. 1 .2 Rezoning: From "Urban Residential Type One-Special Exception (Rl-3) to an appropriate zone to permit the establishment of a residence that provides supervised living arrangement for up to fifty persons . REPORT NO. : PD-221-90 PAGE 2 1. 3 Area: .212 hectares ( .52 acres) 2. BACKGROUND 2 . 1 In February of 1990, the Planning and Development Department received a zoning amendment application submitted by Barry- Bryan Associates Ltd. , on behalf of Careview Manor Special Care Rest Home Inc . 2 .2 The applicant proposes to amend the zone category of the .212 hectare ( .52 acre) parcel of land in order to add as a permitted use a residence that provides supervised living arrangements for up to fifty persons . 2 .3 The subject site is located on the north side of Church Street approximately 23 . 16 metres (76 feet) west of George Street but is more formally described as Part Lot 11, Concession 1, in the former Town of Bowmanville ( 106 Church Street) . 3. PUBLIC NOTICE AND SUBMISSIONS 3 . 1 Pursuant to Council's resolution of July 26, 1982, and the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 3 .2 As a result of the Public Notification process, the Town of Newcastle Planning and Development Department has received several letters with respect to the subject application. One letter, submitted by the Administrator of the Whitby Psychiatric Hospital, expressed support for the proposed zoning by-law amendment. However, the remaining five letters REPORT NO. : PD-221-90 PAGE 3 received by the Planning and Development Department expressed concerns over the proposed amendment with respect to noise, public intoxication and the number of residents . In addition, the Town of Newcastle Planning and Development Department has received a petition, signed by 83 area residents, who are opposed to the proposed zoning by-law amendment. It is further noted that several persons had spoken to the Committee at the public meeting held on April 23, 1990 . 4. OFFICIAL PLAN CONFORMITY 4 . 1 Within the Durham Regional Official Plan, the subject site is located within the Bowmanville "Main Central Area" which permits a variety of uses including residential uses, institutional uses and community facilities such as municipal buildings, senior citizen's homes, nursing homes, day care centres and homes for the aged. The Durham Regional Official Plan is intended to provide a general Official Plan designation with a more detailed designation provided through the Town of Newcastle Official Plan. The subject property is currently being utilized in a manner which is institutional in nature, similar in kind to a nursing home or a home for the aged. However, the subject property does not contain totally self contained dwelling units and therefore, is technically a single family dwelling shared by unrelated individuals with supervised care. Nevertheless, since the Durham Regional Official Plan permits both institutional uses and residential uses within the Bowmanville Main Central Area, the application would appear to conform with the Durham Regional Official Plan. 4 .2 Within the Town of Newcastle Official Plan, the subject property is designated as Low Density residential within the Main Central Area. Low Density Residential uses are intended to be the predominant use of land so designated. It would REPORT NO. : PD-221-90 PAGE 4 appear that the application would be in conflict with the Town of Newcastle Official Plan. Nevertheless, Section 16 .6 .5 of the Durham Regional Official Plan permits the Town Council to pass a Zoning By-law, at their sole discretion, which would permit the continuation of an existing use provided that such use: a) has no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of this Plan; b) has regard for the Agricultural Code of Practice as amended from time to time, if applicable; c) is accessible by a public road which is maintained by the appropriate authority as open to traffic on a year-round basis and is of a standard construction adequate to provide for the additional traffic generated by the proposed use; and d) is subject to any conditions that may be contained in a district plan. The Planning and Development Department is satisfied that the proposal meets the above noted criteria. 5. ZONING BY-LAW CONFORMITY 5 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84- 63, the subject property is zoned "Urban Residential Type One- Special Exception (R1-3) " which permits a single family dwelling, a two family dwelling and a nursing home. As the proposed use of the subject property is not recognized as a REPORT NO. : PD-221-90 PAGE 5 permitted use, the applicant has applied to appropriately amend the zoning by-law in order to permit the proposal. 6. AGENCY COM ONTS 6 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following provides a brief synopsis of the comments received to date relating to this proposal. 6 .2 The Town of Newcastle Public Works Department has reviewed the subject application and has no objection to the proposal subject to the following conditions: 1) That no changes be made to the existing site; 2) That no increase in the number of large commercial vehicles (ie. trucks) accessing the site, occurs as a result of this application. 6 .3 The balance of the circulated agencies which provided comments were the Town of Newcastle Fire Department, the Town of Newcastle Community Services Department, the Regional Planning Department, the Regional Works Department, the Office of the Ontario Fire Marshall and the Central Lake Ontario Conservation Authority. , None of the aforementioned agencies have provided objectionable comments with respect to the proposed zoning by-law amendment. 7. STAFF COMMENTS 7 . 1 The subject application proposes to amend the zone category of a .212 hectare ( .52 acre) parcel of land located at 106 Church Street in the former Town of Bowmanville in order to add as a permitted use, a residence which provides supervised REPORT NO. : PD-221-90 PAGE 6 living arrangements for up to fifty persons. 7 .2 A public meeting with respect to the proposed application was held on April 23, 1990 . The Council of the Corporation of the Town of Newcastle, on April 30, 1990, passed Resolution #C- 302-90 which tabled consideration of the proposed by-law amendment pending the receipt of: 1) Comments from the Durham Regional Police Department 2) Comments from the Ambulance Service 3) Comments from By-law Enforcement 4) Comments from the Fire Department 5) Legal opinion pertaining to the legality of Careview Manor and legal opinion pertaining to the zoning of the property which was received by the applicant at the time of purchase 6) Inspection of third floor 7 . 3 The Durham Regional Police Department's 16 Division responded to Council's request for comments and noted that the Police Department have had the occasion to attend Careview Manor on a variety of calls but commented that none of the calls were of a serious or violent nature. 7 .4 The ambulance service, which provides service to Careview Manor, have responded to Council's request and noted that Careview Manor received 22 ambulance calls in the seventeen month period between January of 1989 and May of 1990 . The ambulance service further commented that this number of calls is not unusual and is comparable to the number of calls received by similar facilities within the Town of Whitby. 7 .5 The Town of Newcastle Senior By-law Enforcement Officer has reviewed the subject application and notes that several REPORT NO. : PD-221-90 PAGE 7 telephone complaints were received prior to the zoning amendment application. However, the callers preferred to remain anonymous and a formal complaint was not filed. In addition, one written complaint was filed with the Senior By- law Enforcement Officer after the zoning amendment application had been filed. The written complaint expressed concern over the number of residents and a perceived potential violent nature of some of the residents . 7 .6 The Town of Newcastle Fire Department has reviewed the subject application and have commented that the following would have to be initiated in order to permit the continued use of Careview Manor. 1) Installation of smoke detectors as part of the alarm system as per the Ontario Fire and Building Codes; 2) Installation of new exit signs to replace some older signs; 3) Corridors and stairwells be continuously lit, as per the Ontario Fire Code; 4) Wood panel doors in the older section be replaced with solid core wood or metal or kalamin doors, with self closures; 5) Wood panelling in basement be removed or painted with fire retardant paint; 6) Obtaining a Hydro Certificate for wiring; and 7) Exterior fire escape area be enclosed to ensure it is clear and safe in all weather (prevent icing) . 7 . 7 The Solicitor for the Town of Newcastle has provided the Planning and Development Department with a legal opinion as to the legal status of Careview Manor. The Town's Solicitor advises that the onus for proving legal non-conforming status REPORT NO. : PD-221-90 PAGE 8 is with the property owner. In addition, the Town's Solicitor has advised that since By-law 84-63 replaced the former Town of Bowmanville By-law 1587, the property owner would have to prove that the use pre-dated the former Town of Bowmanville By-law 1587, which was passed on August 2, 1955 . The Solicitor for Careview Manor, at the time of the purchase of the property, could only provide evidence that the use of the property has existed "at least since 1970" . Therefore, the Town's Solicitor has advised that Careview Manor does not enjoy legal non-conforming status and in fact is an illegal use. 7 . 8 With respect to the verification of the zoning of the property at the time of purchase, the Town of Newcastle Planning and Development Department by letter dated March 23, 1988 advises that the zoning on the subject property was Urban Residential Type One-Special Exception (R1-3) , which permits a nursing home. The solicitor for Careview Manor described the use of the subject property as a two-storey rest home and was advised to review By-law 84-63 to ensure and satisfy himself that the proposed or existing use was permitted. The solicitor for Careview Manor subsequently closed the purchase of the property. 7 . 9 With respect to the use of the third floor of Careview Manor, the Planning Department advises that an inspection of the third floor was carried out on May 3, 1990 and that the third floor is utilized solely as an apartment unit by the applicant. 7 . 10 Staff have reviewed the merits of the application which would permit the continued use of the subject property as a residence which provides supervised living arrangements . REPORT NO. : PD-221-90 PAGE 9 Staff note, for the Committee's information that Section 7 .2 .5 .2 i)a) of the Town of Newcastle Official Plan states that the Main Central Area should serve as the main focal point of economic and social activities within the Town providing a wide range of shopping, personal and business services, offices, residential, social, cultural and recreational activities . Staff are of the opinion that uses such as Careview Manor is best located within the Main Central where various urban amenities are easily accessible. 7 . 11 In addition, the Planning Department is of the opinion that the use of the property is similar in nature to a nursing home which is a permitted use. Therefore, the proposed use should be compatible with the surrounding area. 7 . 12 For the Committee's information, the Planning and Development Department has received a letter from an area resident which states that the proposed use is located in close proximity to other "group homes" . Although Section 2 of By-law 84-63 states that no group home shall be located within 300 metres of another group home, Careview Manor is not a "group home" and does not meet the definition of a "group home" . The proximity of Careview Manor to existing group homes in the surrounding area is therefore a moot point. 7 . 13 In addition, the Planning and Development Department has received a letter from another area resident which states that should the application be approved the implementing By-law should limit the number of residents to a maximum of 25 and that the applicant should be required to provide fencing along the rear and side yard property lines . An inspection of the subject property revealed that there are currently 22 bedrooms of various sizes within the building. Some of the rooms are t- Q REPORT NO. : PD-221-90 PAGE 10 quite large and could be utilized by 2 or more people quite comfortably while some of the rooms are of a size that could only adequately be used by 1 or 2 people. Therefore, staff are of the opinion that in the interest of safety and in order to maintain an adequate level of service, that Careview Manor be limited to a maximum of 2 persons per bedroom which equates to a maximum of 44 people. 7 . 14 With respect to the issue of fencing along the rear and side yard property lines, staff inspected the subject property on June 27, 1990 . Staff are of the opinion that the large mature trees on the site provide an adequate physical barrier as well as an adequate visual barrier. Therefore, staff are of the opinion that the provision of fencing would not be necessary should Council decide to approve the application. 7 . 15 In addition, the Committee should be aware that there are pertinent non-planning issues which should be considered by the Committee. Should the application be denied and the current zoning by-law enforced, approximately 50 people will be displaced and left without shelter or an adequate living environment. Furthermore, the Committee will have to determine whether or not the municipality has a moral obligation to recognize the need for this type of use within the community. While the aforementioned issues are not issues of a planning perspective, staff advise that the issues are legitimate and relevant and should be considered by the Committee. 7 . 16 Finally, for the Committee's information, the applicant has advised Staff that she has applied to various agencies for funding over the past two years. On several occasions, the applicant was denied the financial assistance due to the issue of conformity with the Municipality's Comprehensive Zoning 0 REPORT NO. : PD-221-90 PAGE 11 By-law. The applicant has advised Staff that if the zoning by-law amendment application were approved and she was able to secure financial assistance, she intended to utilize the monies to upgrade the existing structure to a standard which would be acceptable to both the area residents and the Town staff. 8. CONCLUSION 8. 1 In view of the foregoing, the Town of Newcastle Planning and Development Department respectfully recommends that the application be approved and that the necessary by-law be forwarded to Council once the Town of Newcastle Fire Chief has been satisfied that the contraventions of the Ontario Fire Code have been eliminated. Respectfully submitted, Recommended for presentation to t ommittee Franklin Wu, M.C. I.P. L wrenc t . Kotseff Director of Planning Chief A nistrative and Development Office WM*FW*df *Attach 3 July 1990 REPORT NO. : PD-221-90 PAGE 12 Interested parties to be notified of Council and Committee's decision: Vera Forrest 106 Church Street Bowmanville, Ontario. L1C 1T2 Ron Barry Barry-Bryan Associates Ltd. 11 Stanley Court, Unit 1, Whitby, Ontario. L1N 6A6 101 11 - — ir.a? I......^y U 1:r05'2o'T 167.96• LOT 5 .OT 10 i n •2 STOREY' ?BRICK- • 1 BRICK&FRAME' . _ W%RRY•sar w ASSOCIATES ILIUM oi 3 ...m.-...a. V 1 STOR • I 1: BRICK LOT 4 1 PROJECT: �"� I •.) t 106 CHURCH STREET 1 ORANINC: nt'-_�•20'E Id6.78' SITE PLAN ILOT 8 SITE PLAN =�,:.:«-..... •..__ _ j9006 ~Al