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Home My WebLink AboutPD-247-91 REPORT #2 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: KINROW.GPA REPORT Meeting: council File# I)Z Date: Tuesday, October 15, 1991 Res. #11-L-IL PD-247-91 DEV 91-021 By-Law# Report File #: Subject: REZONING AND SITE PLAN - 386 MILL STREET, NEWCASTLE VILLAGE PART LOT 28, CONCESSION 1, VILLAGE OF NEWCASTLE KEN SLATER ON BEHALF OF KINROW INVESTMENTS FILE: DEV 91-021 Recommendations: It is respectfully recommended to Council the following: 1. THAT Report PD-247-91 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. 5. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1 Report PD-166-91 was presented to General Purpose and Administration Committee on July 22 , 1991 and Committee resolved as follows: "THAT the 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 services uses within the existing structure be referred back to Staff to meet with the proponents and Mr. Bob Willsher, Representative of the adjacent residents, so that they may present a list of acceptable uses to Council. " Report PD-166-91 has been included as Attachment # 2 for information purposes. 2 REPORT NO. PD-247-91 PAGE 2 2 As requested, Staff met with Mr. Slater and Mr. Willsher on September 11, 1991. After which Mr. Willsher discussed the results of this meeting with concerned neighbours. Mr. Willsher then supplied staff with a number of requests which Mr. Slater has responded to (copies of these letters have been attached) . Although both parties agreed to most of the issues, there are still a few outstanding items unresolved. In this regard, Staff met with Mr. Willsher on October 7, 1991 and are pleased to advise that all outstanding matters are now resolved and are addressed in the following manner. 3 ISSUES RESIDENTSf MR. SLATERS CONCERNS/REQUEST RESPONSE STAFF POSITION 1) step down fencing on agreed incorporate into site north side of properties plan 2) eliminate two parking agreed red-line change to spots at North West site plan corner of building 3) close connection between agreed incorporate into site service lane and parking plan area plus trees, shrubs and landscaping to service lane north of property 4) fencing to prohibit access agreed incorporate into site from Church St. to play plan area 5) increase turning radius agreed incorporate into site to service lane plan 6) Proponent to give assurance agreed incorporate into site not to alter grading of plan agreement property on the north side i 7) Proponent to provide letter agreed, issue resolved to residents from YMCA/YWCA letter that no drop-in centre forwarded 8) one medical office only agreed restriction contained in by-law . . . . . 3 i I REPORT NO. PD-247-91 PAGE 3 9) day care not exceeding 310 agreed, maximum 400 m2 m2 including office for subject to restriction is day care adjustment to contained in by-law. revised floor Residents accepted plan. 400 m2 10) external sign to comply agreed incorporate into site with Town sign by-law and plan agreement not be internally illuminated 11) One administrative office admin. offices residents concern limited to providing should not be addressed in by-law services to tenants of allowed to building serve clients outside the building 12) remove spruce trees at agreed incorporate into site North West corner plan 13) No retail/wholesale agreed to by-law prohibit activities, except prohibition commercial uses specified of commercial ventures 14) applicant to submit update copy provided residents have floor plan to residents through Town reviewed floor plan. Staff 15) dance classes not to agreed enforce through noise negatively impact neighbours by-law 16) by-law to limit a day care, agreed, but By-law amended to one admin. office, one should include include diet medical office, a dance diet/nutritional counselling school and community use counselling and services. including Toronto Business "Meals on School Wheels" as previously agreed to. 4 . CONCLUSION It is apparent that both the residents and the applicant are agreeable to the proposed amending by-law. In consideration of the above comments, staff is recommending the rezoning application be approved with a Holding symbol. The "Holding" symbol shall not be removed until such time as the applicant has entered into a site plan agreement with the Town. . . . .4 I REPORT NO. : PD-247-91 PAGE 4 Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawren e . Kotseff Director of Planning Chief d inistrative and Development Officer HM*FW*cc 7 October 1991 Attachment to Report Attachment No. 1 - Proposed By-law Attachment No. 2 - Report PD-166-91 Attachment No. 3 - Letter from Mr. Bob Willsher Attachment No. 4 - Letter from Mr. Ken Slater Interested parties to be notified of Council and Committee's decision: Kinrow Investments Dr. Miklos & J. Miklos c/o Ken Slater 401 Church Street 15 Wertheim Court Newcastle, Ontario. L1B 106 Suite 701 Richmond Hill, Ont. L4B 3H7 Mr. Cureatz 14 North Street at King Street W. A. Scarlett Newcastle, Ontario. L1B 1H7 323 Church Street Newcastle, Ontario. L1B 106 David & Penny Kearney 49 Beaver Street South D. McMannus Newcastle, Ontario. L1B 1H3 334 Church Street Newcastle, Ontario. L1B 106 Mary Ann Muizelaar 134 Cowanville Road P. & K. Pasquet R.R.#8 356 Church Street, Newcastle, Ontario. L1B 1L9 Newcastle, Ontario. L1B 106 C. McNieven Mrs. Lena Graham 329 Church Street 340 Church Street Newcastle, Ontario. L1B 106 Newcastle, Ontario. L1B 106 Cheryl Perry Joan Dawson 311 Church Street 82 James Street Newcastle, Ontario. L1B 106 Newcastle, Ontario. L1B 106 Isobel Rappaport Audray J. McCullough 330 Church Street 404 Church Street Newcastle, Ontario. L1B 105 Newcastle, Ontario. L1B 106 R. & L. Willsher 323 Church Street Newcastle, Ontario. LlB 106 j REPORT NO. PD-247-91 PAGE 5 R. Perry 311 Church Street C. Langley Newcastle, Ontario. L1B 106 329 Church Street Newcastle, Ontario. L1B 106 Mr. & J. Milne 400 Mill Street South Newcastle Multi-Care Centre Inc. Newcastle, Ontario. L1B 106 c/o Bowmanville Memorial Hospital 47 Liberty Street C. Allin Bowmanville, Ontario. 3574 Concession Road 3 R.R. #8 Betty Cheard Newcastle, Ontario. UB 1L9 305 Church Street Newcastle, Ontario. L1B 105 C. & L. Crowthers 355 Mill Street South Newcastle, Ontario. UB 1C3 Mr. & J. Amarof 347 Mill Street South Newcastle, Ontario. UB 106 DN: R130.BYL 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 91-021; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 12.4 "Special Exception -Urban Residential Type One (111)"zone is hereby amended by adding thereto, the following new Special Exception 12,4.30 as follows: "12.4.30 Urban Residential Exception (R1-30) zone Notwithstanding Section 12.1, 12,2 and 12.43,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 the existing building for the following uses and subject to the following requirements, USE MAXIMUM TOTAL PARKING REQUIREMENTS FLOOR AREA (MINIMUM) (LEASABLE) Day Care 400 square metres 14 Medical or Dental Clinic 95 square metres 5 Community Service Use 500 square metres 15 Business, Professional or Administrative 235 square metres 8 2. For the purpose of this by-law, Community Service Use is defined to mean a service or administrative office which is operated by charitable or non-profit organization. 3. For the purpose of this by-law, Business, Professional or Administration uses shall be in accordance to the definition contained in By-law 84-63, save and except that any retail and/or wholesale sale of merchandise shall not be permitted, but shall include, businesses which provide educational and counselling services. 4. Schedule "5"to By-law 84-63 as amended, is hereby further amended by changing the zone designation of land identified on Schedule "A"from: "Urban Residential Exception (RI-3)" to "Holding -Urban Residential Exception ((H)R1-30)" -z- 5. Schedule "A"attached hereto shall form part of this By-law, 6. 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-finally passed this day of 1991. MAYOR CLERK up" to 13y-taw j This is Schedule f 19 91 A.D.Of pas this __-daY NCESSION < LOT 28,CO 49.713 N 7 I WOO°E i ti O n O t NQ O� ..1 LLJ W N7t026 30«E 27.7.37 � 1 � N N � O A U � � M Z O Y tb 1 z 77.450 i N 7,�2o'so"E STREET i ROBERT i ZONING CHANGE FROM i, RI-3" - O (H1R1-30�� o so x�864 20 Mayor LOT 28 LOT 27 LOT 29 KtN�std (> rA 21 a Ct a ` �JECY i fZ2 ', � SffE It � (H)R1 t R1 ai KK c N EP ` - EP Ml NEWCASTLE VILLAGE Attachment 2 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV91021.GPA REPORT Meeting: General Purpose and Administration Committee File# Date: Monday, July 22, 1991 Res. # By-Law# Report#:PD-166-91 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 TOWNS=P OF CTARKE, 386 MILL STREET, NE"CASTLE 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 Cj 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. f f 1.4 Area: 0 .416 ha ( 1.03 ac) . . . . 2 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. " l 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) 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 Mail 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 Acc6rding to the Town of Newcastle Comprehensive Zoning By-law l 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. G� �_ Q 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 i 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 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 M-ain 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 s ( 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 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, j 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. r 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 flo-jrs for this use. Parking has been determined based upon 1 space per 30 m2 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 mZ 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 f•' i .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" , "Bi(T 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. fl r �T . . . .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 continents 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 the Committee Franklin Wu, M.C.I.P. Lawrence E. Kotseff Director of Planning Chief Administrative and Development Officer HM*FW*cc 17 July 1991 f Gti /! . . . . 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 LIB 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. C 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 lC6 Newcastle, Ont L1B 106 R. Perry Audray J. McCullough 311 Church St. 404 Church St. Newcastle, Ont L1B 106 Newcastle, Ont LIB 106 5 Mr. & J. Milne Dr. Miklos & J. Miklos 400 Mill St. S. i 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 r tit 329 Church St. , Newcastle, Ont L1B -106 Attachment + 1 Location Sketch SUBJECT SITE LOT 29 LOT 28 LOT 27 KING STREET ( HIGHWAY_ N° 2 ) Cl Ct R R2 LWLY R2 R2 EP J h -, T. J R ) _ �- (H)R1 UK BERT T RI , , �1 O ■CARTiER 440mFF.Ltr4Y� ..F..�:.� aw.wa HIGHWAY N°- 401 ' W I Y i l A r--- 1 EP.\ �-� A 0 M1 ` EP s �T. r. <K' ST_ t� R1 -1 i 1 s O 100 200 3 C Z m s KEY MAP 50m - Dev. 91 -=021 �a / ,'+, ` `• \T^_^'"�"^ s'��`r+..e.=:s:.. \`-F^^..tom LANDSCRPE MASTER PLAN ORNIEL J . O'BRIE► l �/ �., ! �, { RGSOCIRTES LTO. NOW FENCE -SEE--I LFINMI,upc nRCHITECTS VIITWL ON Mir Wc. f)LWl'.!Y. ONTRRID i4 S040CL ME JUMT/TWELCR WN, vz w I iX /1N vilry, MIZINC.. ui EXISTING 9U3LDJNG Pi L ui MER VEW&V IsLRNo ro F;rrm FINTI yi )---PLNI. Li TI TIMER MNCIRRIL CC WFL.NUT TREE POLPM IS PLR:C :oNc. WFLME, (TYP I WRY PROP= FO= PLFNTI?fC uj 13 I�Lnw TO zc'miN CY. KVU TRa: 'a) I,go G,C. GCC DCTTdL ON TMG M, PKPOSCD FiSF44FLT PARUNC 7T ONE NRY 10.00 ROBERT STRUT arC TRIHNCLC THE CORPO1tATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 91• being a Bylaw to amend By-law 84.68, 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 Bylaw 84.63, ns amended, of the Corporation of the Town of Newcastle to implement application DEV 91.021; 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 12.4.80 as follows; "12,4,30 Urban Residential Exception (81.30) zone Notwithstanding.Section 12.1, 12,2 and 1243, the lands zoned %1.80" on the attached Schedule "A", in addition to the other uses permitted in 'Urban Residential Type One (R1)" 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 6 Community Service Uses 876 square metres 18 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 duNignntion on land identified on Schedulo "A" from; "Urban Residential Exception (RI-3)" to "Holding - Urban Residential Exception ((II)R1-30)" 4. Schedule "A" attached hereto shall form part of this By-law, 6, This By-law shall come into effect on the date of the passing heroof, subject to the provisions of Section 34 of the Planning Act, BY-LAW read a first time this day of 1991, I BY-LAW read a second time this day of 1991, BY-LAW read a third time and finally passed this day of 1991, i MAYOR CLERK Attachment #3 RA. Willmher 323 Church It. PAWED Newcastle , ON LIB IC6 SEP 19 1991 Heather Moulton Planning Depaytmoni.. T OWN OF NEWCASIM Town of Newcastle L PLANNING 11WOWNT Bowmanville , ON Re : Nev 91-021 Dear Heather: I have met with the residents adjacent to the property in the subject rezoning application . I have reviewed with them the results of the meeting conducted on Wednesday September 11 , 1991 . We are prepared to withdraw our objections to the proposed rezoning on the following conditions : 1 . That the proposed fencing on the north side of the property will be extended to the street line and stopped down from the six foot level to a height suitable to Mrs . Graham and in keeping with the location. 2 . The two staff parking spots at the northwest corner of the building in the service lane be eliminated . 3 . That the exit from the parking area via the service lane to Church St. he closed and left as green space to the extent that the Proponent may require Part of that area to meet parking requirements . Tn any event, there shall be no exit from the parking area to Church street. It is also recommended that some minor landscaping be completed in this area, such as a couple of maple trees and low shrubs, to Provide a screen for the parking area and the home immediately north of the property on Church St. K The proponent will install fencing in such a manner as to Prohibit access from Church Street to the play area designatod for the dayeare . 5 . That the radius to the service lane he increased to permit vehicles to back into the service lane from Church St. 6 . That the proponent has given assurance that the existing grading of the property on the north side will not be altered. 7 . That the proponent will provide the writer with a letter from the YHCA/YWCA that no drop in centre for youth will he operated in the building . V S . That one medical office will he allowed to locate in the building and that such medical office will he one of the followinyi a physician, a dentist, a Podiatrist, a Physiotherapist or a Chiropractor. 9 . Thai; a Rayeare out exceeding 310 square metrow he located in the building . This allocation will include can adminMrativy office djEectlV and solely related to the daycare activIMB . 10 . That any external siqno will be in keOpiDg with the cu • re"t Town of NewcasOn bylaws and not he internally illuminated . 11 . That one administrative office shall be limited to offering service to tenants of the building . Shall office he for the purpose of o ffering bookkeeping , telephone and only to the tenants of the building. . 12 . That the proponent agrees to remove the existing spruce trees Located on the northwest corner of the property. 13 . That no ueLail/wholeshln act;IViLies , including those to tenants of the building, save and except services specifically identified, will he permitted. 14 . That the proponent will submit an updated flour Plan of the building clearly indicating usable floor space by specific activity. Such floor plan will identify washrooms which are for the exclusive use of specific tenants and those which are "common" to all tenants . The residents will be provided with a copy of Nuch Mated floor Plan prior to this application heinq submitted to the Town of Newcastle General Purpose and Administration committee . 15 . That the proponent be permitted to have dance classes locate in the building on the provision that such space allocated to this activity will be appropriately constructed to ensure noise will not negatively impact the adjacent property owners . 16 . That the Town of Mewcastle Planning department Will prepare a reyoninq bylaw to reflect the agreed uses of the building . it is understood that such bylaw will be drafted on the basis that the rezoning will remain R1 with exceptions identified . Such exception,,., will he limited to a daycare , one administrative office, one modical office , a dance school , and community service use . Tn defining community service use the residents have no objection to such profit making activities as the Toronto Business School offering educational programs . The writer will he provided with a copy of the proposed uezoninq bylaw prior to (he Town of Newcastle Gyneral Purpose and Administration meeting at which it will be first considered. 7 n The residents have no desire to impede appropriate use of the subjec!', propeyLy . OQv concern is LhaL the intended use he cl earl v identified and compatible with out nolqhhounhood. It is also Our intonL to ensure that no uhauqe in the use of the pyoperty he permitted wiLhoui, the control and WuL of the Town of HcwntaHtle Council . Sincerely on behalf of the area rOSideDtS , cut Mr. F . Nu Councillor D . Hamro Councillor K. Hooper 09/2791 11:33 '$4167710705 PLATINUM EQUITY »» TWN OF NEWCASTLE 4 002 Attachment # 4 KINIW INWSTNWS INC. 15 Wertheim Court Suite 701 RICHMOND HILL Ontario "L4B 3H7 {416}771-0700 September 26, 1991 by fax 623-0330 The Corporation of the Town of Newcastle, 40 Temperance Street, BOWMANYILLE, Ontario. L1C 3A6 ATTENTION : MS HEATHER MOULTON PLANNING AND DEVELOPMENT Dear Ms Moulton: SUBJECT; YOUR FILE # DEV 91-M RE-ZON1ING APPLICATION I have had an opportunity to review the contents of 'Mr. Willsher's correspondence to you (faxed to our office September 19th) and have examined it with respect to our interpreta- "" tion of the meeting that .was held at your offipes September 11th, as well as the intent of the letter itself. We are pleased to suggest that considerable pro Press appears to have been made with respect to eliminating the legitimate concerns of the neighbours that Mr. Willsher represents. How- ever, there are still several issues that we are not in full agreement with and I will point these out as well as endeavour to explain what our concerns are. Perhaps the simplest format to follow is to match Mr. Wilisher's n Aering in his letter with my comments. 1. The proposed modifications to fencing that the neighbours have requested is satisfactory. 2. The elimination of two parking spots from the service lane is satisfactory, subject to municipal concurrence. 3. The requests made in this paragraph are acceptable to the writer, subject to municipal concurrence. 4. Acceptable, however the wording I believe, should be expanded to say the following: "The proponent......access from TKP SMICE LANE OFF of Church Street......the daycare." S. Acceptable; 6. Acceptable; 7. Acceptable. We will forward to the Town upon receipt, 8. Acceptable; Continued............. N '09/27/91 11:34 V4167710705 PLATINUM EQUITY — TWN OF NEWCASTLE 10003 . HEATHER MOULTON -2- 9. Is acceptable with the following commentary. We recognize that 310 square meters of "net leasable space" is a calculation provided by yourself on behalf of the Planning Department. As you are aware, the Net Leasable Area as defined in the zoning by-law does not make up the total Gross F1or area of the building as it exists to-day or as it will exist with the contemplated addition. It is important that there be no mis- understanding between the Town and ourselves that Gross Floor Area and Net Leasable Area are in fact, two different Nays of defining the same space. To avoid any mfs- understands later, I am enclosing a highlighted First Floor Plan indicating the area contemplated to be occupied by our day care tenant. We trust your calculations will reflect the actual space contemplated. 10. Satisfactory. 11. This is the first problem that we have with� Mr. Willsher's letter. It is essential C` that the one administrative office which is contemplated in the zoning, be allowed to service both the tenants in the building and such other clients as it may deem necessary in order to ensure its economic viability, By restricting the activities of the administrative office, we would be zoning activities, which in my understanding, is not what the zoning process is about. I might point out as well that it is common knowledge that similar types of businesses, ie: bookkeeping services, are operated in private, residential homes In this and many other municipalities. It Is imperative that we ensure the financial viability of the tenants in our building. 12. Acceptable subject to municipal concurrence. 13. I am not sure what the intent of this paragraph is given our specific zoning requests do not contemplate retail/wholesale activities in this building. If Mr. Willsher is suggesting that we do not allow retail/wholesale sales to the public in this building such as one might find in a commercial venture, I have no problem with this as a concept. However, to end up in a debate at a later date as to the activities that are being conducted by the tenants in our building, I believe would be circuitous at best, i believe that most of the organizationsiq our building, since they are non-profit or marginally profit motivated at best, may from time-to-titre attempt to raise funds from the community. This may be in breech of the zoning, if it was to be worded as Mr.Willshe has requested. We believe the correct solution is to allow the defined zoning that the Town has created, with the approved noted exceptions that we have agreed to in this lett r. 14. Please provide Mr. Willsher with copies of our floor plan which indicates specific user washrooms and those that will be deemed to be leasable. 15. Acceptable; 16. Acceptable to us, however, there are several omissions that we had agreed upon in the meeting which we assume have been left out by error. continued..........., I 09/27/91 11:34 $4167710705 PLATINUM EQUITY 4 TWN OF NEWCASTLE 4 004 HEATHER MOULTON -3- 16. continued.... The business, professional and administrative definitions that the zoning by-law allows totalling 730 square meters has been deleted. Mr. Willsher also agreed that diet counselling/nutritional service and Meals on Wheels, would both be acceptable uses for our building. With these minor items included, we are prepared to live with the revisions as set out in Mr. Willsher's letter and our attendant changes as noted herein. We have attempted to respect the needs cr the neighbourhood and at the same time are attempting to ensure the economic viability of this project, and therefore, its long-term, positive affect that will be felt by the community on a singular and whole basis. r We look forward to receipt of the revised report prepared for the GP and A Meeting. We would also advise that we will accept redline site plan changes to reflect the agreements between the ratepayers and ourselves and would appreciate receipt of draft redlined copy prior to the meeting. Yours Cordially, KINROW INVESTMENTS INC. e later__;; KS/cob l cc! Newcastle Multi-Care Centre Inc. FIRST FLOOR PLAN r -DA O-A ke- W RA14P ff a: TREATMENT r. �/ f r � �' +`•'!f'f r ROOM L I 1 E. !1 ' f 1` lr•t ` -i ! r•-/ f,f• t f f i f`' P!_R. W.R. r • 1 a j �. z - o 2n KEW-ASTLE FX41LY RESOURCE CERTRE. HILL STREET, t[E§ ASRE OMTARI4 CZn a r rn 6' d`