Loading...
HomeMy WebLinkAboutPD-166-91 r/mil THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV91021.GPA REPORT Meeting: General Purpose and Administration Committee File DC!tJ'91.b2.i -- Date: Monday, July 22, 19 91 Res. # By-Law# Report#: File #: DEV 91-021 Subject: REZONING APPLICATION AND SITE PLAN APPLICATION KEN SLATER ON BEHALF OF KINROW INVESTMENTS INC. PART LOT 28 CONCESSION 1, FORMER TOWNSHIP OF CLARKE, 386 MILL STREET, NEWCASTLE VILLAGE FILE: DEV 91-021 Recommendations It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-166-91 be received; 2 . THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Ken Slater on behalf of Kinrow Investments Inc . to permit the establishment of a Day Care, a Medical or Dental Clinic, Business, Professional and Administrative Offices and Community Service Uses within the existing structure be APPROVED. 3 . THAT the attached amendment to By-law 84-63 be APPROVED and that the "Holding (H) " symbol be removed by By-law at such time as the applicant enters into a site plan agreement with the Town; and . 4 . THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1 . APPLICATION DETAILS 1. 1 Applicant: Ken Slater on behalf of Kinrow Investments 1 .2 Owner: Newcastle Multi-Care Centre Inc . 1. 3 Rezoning: From Urban Residential Exception (R1-3) to a "Holding - Residential Exception ( (H)R1-30) " zone to permit the establishment of a Day nursery, Medical or Dental Clinic, Business, Professional or Administrative offices, and Community Service Uses . 1 . 4 Area: 0 .416 ha .( 1. 03 ac) . . . .2 f� Q P at ECYEn iliU M P­LD Ul RECY1-1APC11 REPORT NO. PD-166-91 PAGE 2 2 . LOCATION 2 . 1 The subject site is located in Part of Lot 28, Concession 1, former Township of Clarke. More specifically, the lands are situated at 386 Mill Street in Newcastle Village. 3 BACKGROUND 3. 1 On May 3, 1991, an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, was submitted to the Planning and Development Department. The application proposed to convert the existing structure from a senior citizens residence to a mixed-use "community care facility" . It was originally proposed that a day-care, assembly hall, medical or dental clinic, and business, professional or administrative offices be permitted within the existing structure. It is these uses that the Public Notice circulated to the area residents reflects . The applicant has since decided to not include an assembly hall as one of the proposed uses and on the latest revision, the applicant has proposed to decrease the floor area allocated to the day care, the offices, and to reduce the number of doctors using the medical clinic from 2 to 1. This reallocated floor space has been set aside for what the applicant terms "Recreational and Educational Space" . Staff have termed it "Community Service Use. " 4 EXISTING AND SURROUNDING USES 4 . 1 Existing Uses : abandoned senior citizens residential complex 4 . 2 Surrounding Uses : East - existing residential and Newcastle Public School West - existing residential South - existing residential North - existing residential 5 OFFICIAL PLAN POLICIES 5 . 1 According to the Durham Region Official Plan the subject lands appear to be designated "Residential" . Section 8 . 1.2 . 1. a) . 3 . t i REPORT NO. PD-166-91 PAGE 3 states that community uses such as day cares are permitted within the "Residential" designation. Section 8 . 1.2 . 1 c) permits limited office development in Residential Areas as an exception, subject to the inclusion of appropriate provisions in the respective restrictive area (zoning) by-law. These uses must be compatible with the surrounding area and deemed to be desirable and can not detract from the function and character of the Main Central Area. 5 .2 The Town of Newcastle Official: Plan designates the lands "Residential" . Section 8 . 2 . 1.2 .ii) c) states that certain public recreational and community uses such as a day care centre and community centre may be permitted to locate within residential neighbourhoods provided that they are compatible with the surrounding uses . This Official Plan does not specify as to whether limited office development is permitted in Residential areas . However, Section 1. 1. 3 of the Town's Official Plan states that in the event of a conflict between the provisions of the Regional Official Plan and the Town Official Plan, the provisions of the Regional Official Plan shall prevail . 6 ZONING BY-LAW PROVISIONS 6 . 1 According to the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Urban Residential Exception (R1-3) " . In addition to the uses permitted in the R1 zone, this zone permitted a nursing home. 7 PUBLIC MEETING AND SUBMISSION 7 . 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. . . . .4 D REPORT NO. PD-166-91 PAGE 4 7 .2 At the Public Meeting a neighbouring citizen presented a petition signed by 25 people in opposition to this application. Concerns that were noted included: the necessity for a day care; increased noise created by the day care; the site is an inappropriate location for a day care; an increased traffic flow; and the compatibility of this project with the surrounding mature residential area. This citizen requested that this application be denied. Some people spoke in support of this application and a petition with 113 signatures was presented to committee in support of this project. 7 . 3 A letter of concern has been received from an abutting land owner, The concerns expressed include: the close proximity of the proposed playground facility to her residence; the availability of monitoring and supervision of youth activities; and the impacts of increased traffic volume in a residential area. The citizen was also concerned about a banquet hall being permitted. However, the applicant has since withdrawn an assembly-banquet hall as a proposed use on site. Further, the applicant had written a response letter to Mrs . Graham's solicitor. 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies . The following departments/agencies in providing comments, offered no objection to the application as filed: Ganaraska Region Conservation Authority Newcastle Hydro Electric Commission Peterborough Victoria Northumberland and Newcastle Roman Catholic Separate School Board Ministry of Natural Resources Ministry of Transportation . . . .5 REPORT NO. PD-166-91 PAGE 5 8 . 2 The Town of Newcastle Fire Department had no objection to the application. It was suggested that the direct alarm system be re-connected to the Newcastle Village Fire Station. Also, all renovations must be reviewed by this department. 8 . 3 The Town of Newcastle Public Works Department required monies for the reconstruction /upgrading of Robert and Church Streets, monies for street light upgrading ($1680 .00) , a grading plan, a stormwater management report, and a site servicing plan for storm water. Their request that the property limits and road allowances be confirmed by survey have been completed by the applicant. 8. 4 The Durham Region Planning Department states that according to the Official Plan, the proposed uses are permitted provided that they: do not detract from the function and character of the Main Central Area; and that the use is desirable with the surrounding area. 8 .5 The Regional Works Department have requested that a 3 . 0 metre road widening and a 6 metre by 12 metre sight triangle at the corner of Robert and Mill Street be deeded to the Region. 8 . 6 The Northumberland and Newcastle Public School Board has no objection to the application but has requested that sidewalks be provided around the perimeter of the site. 8 . 7 The Ministry of Community and Social Services have stated that the outdoor playground area for the daycare must be at least 279 sq. m. in area and that 13 parking spaces must be allocated to the daycare use. Also, a safe area for the drop-off and pick-up of children by car and/or bus, must be available. 9 STAFF COMMENTS 9 . 1 The original application proposed that the existing building be . . . .6 REPORT NO. PD-166-91 PAGE 6 used as a "community care facility" providing the following services; day care, professional, business and administrative offices, two medical or dental clinics and an assembly hall. Two revisions have since been made to the types of uses proposed. The latest revision was to allow a day care, professional, business and administrative offices, one medical or dental clinic and Community Service Use. According to the Official Plans these uses are permitted to locate in Residentially designated areas. The existing building possesses approximately 1579 . 3 m2 ( 17000 sq. ft. ) of floor area. The following is based upon information provided by the applicant and presented to Council during the June 24, 1991 Council meeting. It is noted that all the following floor area calculations are based on "leasable floor area" rather than "gross floor area" . Leasable floor area does not include any common areas such as hallways, washrooms, stairways, storage areas and electrical/ mechanical rooms, hence the leasable floor area will be smaller than the gross floor area which is the entire floor area of the structure measured from the insides of the exterior walls . The applicant has shown that the proposed day care will be located on the ground floor and have laundry facilities in the basement. Staff have calculated that the total leasable floor is 310 m2. Accordingly 10 parking spaces are required. Originally the applicant proposed to have two medical or dental clinics, but this has been reduced to one medical or dental clinic, located on the second floor. The amount of leasable floor area allocated to this use has been 80 m2. Parking requirements for this use is based on the number of doctors/dentists and examining rooms . The minimum parking requirement is 5 spaces per doctor/dentist with an additional parking space for every examining room exceeding 5 . The third type of use to lease space has been defined as . . . . 7 REPORT NO. PD-166-91 PAGE 7 "Community Service Use" . The attached by-law offers a definition of "Community Service Use" . These uses shall be charitable or non-profit in nature. Accordingly a "Community Service Use" includes a business or organization which provides services or merchandise exclusively to a non-profit or charitable organization. The calculated total leasable floor area is 375 m2. Space is provided on all three floors for this use. Parking has been determined based upon 1 space per 30 mZ of total (leasable) floor area. Thirteen parking spaces have been allocated to this use. The fourth use proposed is "business, professional or administrative" . In the comprehensive By-law this is defined as follows: "Shall mean a building or part of a building in which one or more persons are employed in the management, direction or conducting of a business or where professionally qualified persons and their staff serve clients or patients who seek advice, consultation or treatment and for the purposes of this By-law may include the administrative offices of a non-profit or charitable organization. " This definition precludes retail/commercial uses . From the information provided, it is apparent that there are 230 m2 of leasable floor area allocated to this use. This requires 8 parking spaces . Space has been set aside on the second floor and in the basement for this use. 9 . 2 Staff recognize that there has been considerable interest expressed on behalf of the area residents . Those concerns which have been brought to the attention of Town Staff are addressed as follows . The applicant has submitted drawings showing the proximity of the day care playgrounds to the neighbouring properties . Mrs Graham's lot is 38 .7 m ( 127 feet) deep. The playgrounds are situated 23m (75 feet) west of Mill Street and extend westerly . . . .8 REPORT NO. PD-166-91 PAGE 8 another 15 .7m (51 feet) . Therefore the most westerly 15 . 7m (51 feet) of Mrs . Graham's yard abuts the childrens ' playground areas . Further, it appears that the rear portion of Mrs Graham's house will be abutting the Junior Kindergarten/Senior Kindergarten/Preschool Playground. Staff request that if approved, a 1 . 8 m noise barrier fence be built between Mrs . Graham's property and the subject lands . With respect to the daycare, the question of need is determined by demand and supply. It is the owner's responsibility to determine if there is enough households to support a day care. The subject lands are situated a short walking distance from the Newcastle Public School. Thus making this site suitable for pre and post public school care. Undoubtedly with a proposal such as this, the volume of traffic is expected to increase. However, comments from the Public Works Department have not indicated that a traffic study is necessary. With regard to compatibility with the surrounding area it is emphasised that the structure is presently existing. The applicant proposes to renovate the interior to accommodate a community care facility supporting business, professional or administrative office space, a medical or dental clinic and a day care. Within the Official Plans these uses are permitted to locate within residentially designated areas . The applicant has indicated that uses such as "Big Brothers" , "Big Sisters" , "Newcastle Seniors " , "Heart and Stroke Foundation" , "Community Care" , "Block Parents" and "United Way" are indicative of the types of organizations that would utilize the space available in this building. These uses are "charitable or non-profit organizations" and Staff have defined them as a "Community Service Use" (See attached amending By-law) . According to the definition proposed, retail or wholesale uses would not be permitted and the uses permitted must be of benefit to the area residents . In this regard, it is deemed that this proposal is compatible with the surrounding uses . In addition, the applicant has tried to keep many of the mature trees on site thus not detracting from the existing mature neighbourhood. . . . .9 REPORT NO. PD-166-91 PAGE 9 9 . 3 In a use such as proposed, parking is an important element. According to the attached amending by-law, 36 parking spaces are required (based on parking requirements as per By-law 84-63 Section 3 . 14) . The most recent revision of the site plan indicates that 42 parking spaces will be provided, thus exceeding the parking requirements by 6 spaces . 9 .4 In addition, it is noted that the site is bounded on three sides by municipal/regional roads. It is only along the northern boundary of the site that lots supporting single family dwellings are directly abutting the site. 9 .5 It is noted that there currently exists a second storey extension which is supported by structural columns . This extension is approximately 74 square metres in area. For structural purposes, the applicant intends to extend the ground floor to enclose the area below this second floor extension. This extension is considered as part of the existing building for the purpose of interpreting the amending by-law. 9 . 6 Staff believe that the attached By-law defining "Community Service Use" and depicting the maximum permissable total floor area (leasable) per type of use, provides effective control hence ensuring compatibility with the surrounding area. 10 CONCLUSION 10 . 1 With respect to the above noted comments Staff recommended that this application be approved and that a by-law be forwarded at such time as the applicant has entered into a site plan agreement with the Town of Newcastle. Respectfully submitted, Recommended for presentation to t Committee Aw Franklin Wu, M.C. I.P. Lawren E. Kotseff Director of Planning Chief A inistrative and Development Offic r HM*FW*cc 17 July 1991 . . . . 10 REPORT NO. PD-166-91 PAGE 10 Attachment #1 - Location Sketch Attachment #2 - Proposed Site Plan Attachment #3 - Amending By-law and Schedule Interested parties to be notified of Council and Committee's decision: Kinrow Investments Newcastle Multi-Care Centre Inc c/o Ken Slater c/o Bowmanville Memorial Hospital 15 Wertheim Court 47 Liberty Street Suite 701 Bowmanville, Ontario Richmond Hill, Ontario L4B 3H7 C. McNieven A. Scarlett 329 Church Street 323 Church St. Newcastle, Ont L1B 106 Newcastle, Ont L1B 106 Cheryl Perry D. McMannus 311 Church Street 334 Church St. Newcastle, Ont L1B 106 Newcastle, Ont L1B 106 Isobel Rappaport P. & K. Pasquet 330 Church St. 356 Church St. Newcastle, Ont L1B 106 Newcastle, Ont L1B 106 Betty Cheard Mrs . Lena Graham 305 Church St. 340 Church St. Newcastle, Ont L1B 105 Newcastle, Ont L1B 106 R. & L. Willsher Joan Dawson 323 Church St. 82 James St. Newcastle, Ont L1B 106 Newcastle, Ont L1B 106 R. Perry Audray J. McCullough 311 Church St. 404 Church St. Newcastle, Ont L1B 106 Newcastle, Ont L1B 106 Mr. & J. Milne Dr. Miklos & J. Miklos 400 Mill St. S. 401 Church St. Newcastle, Ont L1B 106 Newcastle, Ont L1B 106 C. Allin Mr. Cureatz 3574 Concession Road 3 14 North St. at King St. W. R. R. # 8 Newcastle, Ont L1B 1H7 Newcastle, Ont L1B 1L9 David & Penny Kearney C. & L. Crowthers 49 Beaver St. S. 355 Mill St. S. Newcastle, Ont L1B 1H3 Newcastle, Ont L1B 1C3 Mary Ann Muizelaar Mr. & J. Amarof. 134 Cowanville Rd. 347 Mill St. S. R. R. #8 Newcastle, Ont L1B 106 Newcastle, Ont L1B 1L9 C. Langley 329 Church St. , Newcastle, Ont L1B 106 tz 7 Attachment + 1 Location Sketch SUBJECT SITE LOT 29 LOT 28 LOT 27 KING STREET ( HIGHWAY, N2 2 ) Ct C1 C- I I R2 M�2 N ' Y R2 I I � T ' 1 i R2 1 EP u AM ST r, T. R1 (H) R1 �h ROBERT T. R I s- R14 I ZO ■CARTtER INWFREEWAY� ai. HIGHWAY C Y NO- COI W U EP� A F � EP Ml I �- CL c ' +r goy ARKS ST q! R1 -1 i KEY M AP 50 m X00 200 .300m Dev. 91 -021 f� 6 2) LANDSCAPE MASTER PLAN ORNIEL I- O'BRIEN RSSOCIRTES LTO- NLZQ rENCE—SEE LRNOSCRPE RPCHITECTS ILTPEL ON THIS Dw- POPT PERPY, ONTRRIO z J.K. Ke. S046CAL PLE p—.—1 PLRYCROUND KRYCRoutz E(Isritic; 0. E)(I&-TIN-.- THE M-1 I LuINFRUT/MirLEP. PLR'Ar;RUrj y SEMI CE m l, STRFF PFO(INC LAW 04 EXISTING BUILDING PROPOCE'Ell FOUNIRTION —TTHRFR EMS jai it-11M TO K7FEN KTINC PLFk TIPEER MNUZR*IL EC HR-NUT TREE A PMM IN F'LA- �J wFiy pw.psm rowowtc CkW. . WFLM (TYP) z Of uj E3 I TO Remim EX. MPLE TREE WLi-RRM k L.Gn O.C. 9:E OF-MrL ON M& WC. PRW15SM RSPHR-T PRWINC '41 1 mpy OUT PreipFeEri TREM ONE NRY IN G.On x I ri.Filk ROBERT STREET SITE TRIFINI.Lc THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle to implement application DEV 91021; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 2 "Definitions" is hereby amended by adding thereto the following: Community Service Use. Shall mean a service or administrative office which is operated by a charitable or non-.profit organization and shall not include any organization which is involved in the retail and/or wholesale sale of merchandise save and except those organizations which provide services or merchandise exclusively to the permitted uses contained herein. 2. Section 12.4 "Special Exception- Urban Residential Type One (R1)" zone is hereby amended by adding thereto,the following new Special Exception 12.4.30 as follows: "12.4.30Urban Residential Exception (R1-30) zone Notwithstanding Section 12.1, 12.2 and 12.4.3, the lands zoned"R1-30" on the attached Schedule "A", in addition to the other uses permitted in "Urban Residential Type One (111)" Zone, shall permit the use of an existing building for the following uses and subject to the following requirements. USE MAXIMUM TOTAL FLOOR AREA PARKING REQUIREMENTS (LEASABLE) (MINIMUM) Day Care 310 square metres 10 Medical or Dental Clinic 80 square metres 5 Community Service Uses 376 square metres 13 Business, Professional or Administrative 230 square metres 8 3. Schedule "6" to By-law 84-63 as amended, is hereby further amended by changing the zone designation on land identified on Schedule "A" from: "Urban Residential Exception (RI-3)" to"Holding - Urban Residential Exception ((H)R1-30)" 4. Schedule "A" attached hereto shall form part of this By-law. 5. 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 1991. BY-LAW read a second time this day of 1991. BY-LAW read a third time and fmally passed this day of 1991. MAYOR CLERK q This is Schedule "A" to By-law 91 -' , passed this day of—, 1991 A.D. LOT 28, CONCESSION I N 71017'00"E 49.713 3 z M M poMN ~ W W Z N71 026'30"E 27.737 W � z w N a U J U M M N ° M W o yz Z 1 N 7102030"E 77.480 ROBERT STREET ZONING CHANGE FROM " R1-3 " TO " (H)RI-30 " 0 10 20 40m Mayor 08 6420 Clerk LOT 29 LOT 28 LOT 27 KING STREET (HIGHWAY N?2) cl ,C1 Ct _—._. R2 R2 _ R2 �I rn SUSITE T EP a: ST. T. _ ::1 Rt '- (H)R1 i 0 ERT I 1_ 'RI I O N WCART/EflE�FflEEWAY HIGHWAY N? 401 U M1 EP 11 A A 1/ U mi EP w NEWCASTLE VILLAGE t= ® 2LJ m 1 Wm0