HomeMy WebLinkAboutPD-100-86 CK�
TOWN OF NEWCASTLE
t i REPORT Fiie # ,�""tea
Res. # ' ° .
By-Law # /
METING: General Purpose and Administration Committee
DATE: Monday, April 21, 1986
REPORT #: PD-100-86 , FILE #: DEV 86-8
SUBJECT: REZONING APPLICATION - LEONORA NICHOLLS
PART LOT 25, CONCESSION 1, FORMER TWP. OF DARLINGTON
OUR FILE: DEV 86-8
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-100-86 be received; and
2. THAT the application submitted by Ms. Leonora Nicholls to rezone a parcel of land
located in Part of Lot 25, Concession 1, former Township of Darlington to permit the
* development of a Group Home be approved and the by-law attached hereto be forwarded
to Council for approval .
BACKGROUND AND COMMENT:
On February 6, 1986 the Planning Department received an application for rezoning from Ms.
L. Nicholls to permit the development of a Group Home.
Within the Region of Durham Official Plan the subject lands are located within the
"General Agricultural " designation . Section 10.2.1.5 of the Durham Plan states that:
"Group Homes may be permitted in Residential Clusters and, as an exception, on
existing lots of record and areas designated as "Permanent Agricultural , General
Agricultural and Major Open Space" in accordance with the applicable provisions of
Section 8.1."
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REPORT NO.: PD-100-86 Page 2
Staff would note for the Committee's information that, 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. Staff would note that no written
objections to the proposal were received at the writing of this Report.
Staff would acknowledge, however, for Committee' s information, that
several interested parties i .e. adjacent landowners/neighbours have
enquired as to the status of the application being in either support/or
opposition of same. Each party requesting information was advised of the
date of the Public Meeting.
In accordance with departmental procedures the application was circulated
to obtain comments from other departments and agencies as noted in Staff
Report PD-48-86. Staff would note the following departments/agencies, in
providing comments, offered no objections to the application as filed.
1. Town of Newcastle Building Department
2. Ontario Hydro
3. Town of Newcastle Community Services
4. Central Lake Ontario Conservation Authority
5. Peterborough-Victoria-Northumberland and Newcastle
Roman Catholic Separate School Board
6. Durham Regional Health Unit
The Town of Newcastle Fire Department, in responding, indicated that the
Department had no objections to the rezoning application. Furthermore,
the applicant will be legislated under the Homes for Special Care Act,
Ontario Building Code and Ontario Fire Code. Response from Station #4
located on Trull 's Road, north of Nash Road. Water supply to this area
is by Fire Department tanker truck.
The Ministry of Agriculture and Food - Foodland Preservation Branch, in
reviewing the application in consideration of the terms, goals and
objectives of the Ministry and the criteria and policies outlined in the
Foodland Guidelines, offered no objections to the proposal .
. . .3
REPORT NO.: PD-100-86 Page 3
The Town of Newcastle Works Department, in responding, provided no
objection to the proposal provided that the applicant reconstructs the
existing access in accordance with Town' s standards. Staff would note
that the existing entrance to the subject lands is by means of a
right-of-way registered on title as Instrument No. N29192. Staff has
informed the applicant of the Works Departments comments to which Ms.
Nicholls acknowledges and concurs with their requirements. Additionally,
Staff have informed Ms. Nicholls that, pending the decision of Committee
and Council to the application as submitted, it would be her
responsibility to have the entrance reconstructed in accordance with
Town standards and furthermore, obtain the acknowledgement and consent of
the landowner over which the right-of-way exists.
The Region of Durham, in responding, noted as follows:
"In response to your request for comments we note that the
subject property is designated "General Agriculture" in the
Durham Regional Official Plan. Section 10.2.1.5 of the Durham
Plan states that "Group Homes may be permitted in Residential
Clusters and, as an exception, on existing lots of record in
areas designated as "Permanent Agriculture, General Agriculture
and Major Open Space" in accordance with the applicable
provisions of Section 8.1. Accordingly, the proposed Group Home
may be permitted within this designation."
Additionally, Staff would note for the Committee's information the
provisions of Sections 8.1.2.1 and 8.1.2.1(d) within the Durham Plan:
"8.1.2.1 - Lands designated on Map "A" as residential areas
shall mean that the predominant use of land within these areas
shall be for housing purposes including Group Homes in accordance
with the relative policies of this Plan.
8.1.2.1(d) - In addition it is the intent of this Plan to
prevent an undue concentration of Group Homes within residential
areas in terms of location and the impact on community
facilities."
. . .4
REPORT NO.: PD-100-86 Page 4
In reference to the provisions of Section 8.1.2.1(d) noted above, Staff
are not implying that the existing Group Homes (three (3) sites presently
zoned within the Bowmanville Urban Area) would presently provide an
adverse impact on community facilities in terms of location, but rather
that the Durham Plan does permit for the development of Group Homes in
rural settings helping to diversify and meet the needs of such a use.
The Ministry of Community and Social Services Department, in responding
to Staff' s request for comments (verbally) , indicated that Ministry
policy has been, in the past, that comments pertaining to the actual
rezoning application are not submitted. However, in consideration of the
subsequent application for licencing under the appropriate legislative
procedures pending the approval of the rezoning application, an indepth
review is completed to ascertain compliance with Ministry policy.
As noted above, the Ministry of Community and Social Service Programs
within the Ontario Government have specific legislative responsibilities
for the licencing and/or approving Group Homes. In consideration of this
Ministry' s responsibilities, various information is available pertaining
to the needs and requirements of licencing procedures. Staff would, for
Committee' s information , highlight various aspects of the Ministry policy
as described within the Ontario Group Homes Research Manual prepared for
municipalities.
The Ontario Ministry of Community and Social Services has designed a
series of programs which provide for the well-being of persons with a
wide range of special needs or disabilities. The Ministry licence and/or
approve six (6) types of Group Homes; children residences, accommodation
services for the developmentally handicapped, satellite residences for
seniors, halfway houses for alcholics, halfway houses for the socially
disadvantaged, and halfway houses for ex-offenders. As noted previously,
Ms. Nicholls has applied for an application for accommodation services
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REPORT NO.: PD-100-86 Page 5
for the developmentally handicapped. The residents within such a Group
Home are developmentally handicapped adults or children who have
previously been living in the community or in a facility for
developmentally handicapped persons. Ms. Nicholls has indicated that her
request and application would be for developmentally handicapped young
adults. The program objectives are to provide a residential setting
which approximates family living and which enables individuals to achieve
the highest possible level of independent living. Program components
including training and basic life skills such as feeding, dressing,
preparing a personal budget and shopping, as well as training designed to
help an individual cope with specific handicaps such as blindness. The
program also permits maximum access to opportunities for personal growth
and development as well as the development of stable and congenial
relations which allow for privacy and control over personal space.
Most Group Homes for developmentally handicapped persons are operated by
non-profit charitable corporations. The person selected as the Director
of each home must be approved by the Ministry of Community and Social
Services. Staffing for this type of home varies accordingly to the
functioning level and number of residents, their age and the type of
program or services being offered. Supervision is provided on an
around-the-clock basis if required. Staff would note that Mrs. Nicholls
has indicated that such supervision would be contemplated and provided
for the Group Home.
With respect to the licencing and approval procedures it is largely based
on the following information, extensive interviews with the perspective
operator and on-site inspections of the proposed home, that the Province
will make its final decision whether to licence and/or approve the home
for funding.
a) written evidence that the home complies with local by-laws
covering zoning, building standards, health, fire, safety and
occupancy;
. . .6
REPORT NO.: PD-100-86 Page 6
b) appropriate documentation of the need for the proposed
service to be provided within the specific area in which the
home is located;
c) evidence of his or her knowledge of the community and the
availability of necessary support services and facilities;
d) evidence (when appropriate) that the educational needs of the
Group Home residents can be met in the community; and
e) a detailed description of the program to be offered, the type
of residents to be served and the level of staffing and
supervision to be provided and the proposed operating budget.
Provincial Ministrys are chiefly responsible for ensuring that
established Group Homes continue to comply with the Provincial standards
governing levels of care and supervision and that their programs continue
to meet the needs of their residents. The usual assessment procedure
includes regular reviews during which operators must demonstrate that
both Provincial and Municipal requirements are being met. Group Homes
are also visited by Provincial Ministry Staff as part of their ongoing
responsibilities. These visits enable the Ministry and the operator to
address areas of concern before they become serious issues and to ensure
that residents are receiving appropriate supervision and support.
Municipalities also share responsibility for inspecting established Group
Homes. Group Homes must comply with local by-laws as a condition of
their continued operation. These by-laws, as mentioned previously,
generally pertain to building standards, health, fire, safety and
occupancy.
Ministry Staff indicate the direct control over the operation of Group
Homes is exercised in a number of different ways. Some of the statutes
under which Group Homes are licenced and/or approved for funding contain
detailed descriptions of Provincial requirements in such matters as
admission standards, management practices, staffing ratios, supervision,
programming and compliant with regulations governing building standards,
health, fire, safety and occupancy.
REPORT NO.: PD-100-86 Page 7
The Ministry indicates that if there is a concern or complaint about the
operation of a Group Home or the behaviour of its residents, the normal
procedure is to contact the operator directly. The majority of problems
can be solved in this manner. However, where a problem can not be
satisfactorily resolved by the operator, the matter should be referred to
the appropriate Provincial Ministry.
It is the Ministry's intent in the final analysis that the regulating and
licencing of Group Homes provide the opportunity for people with special
needs or disabilities to live in a normal house in a normal
neighbourhood. Staff would note, for the Committee's information, that
Ms. Nicholls, in support of her application, has provided Staff with a
* covering letter (see attached) in an attempt to clarify and provide her
assurances with respect to the Group Home operation. Furthermore, Ms.
Nicholls has indicated that she has been in contact with the appropriate
local schooling authorities and has been advised that any student
requiring transportation would be picked up at the driveway entrance by
the appropriate school bus system as would any student in the rural area.
Staff would note for the Committee's information that the subject lands
presently supporting a single family dwelling is surrounded by
agriculturally worked lands. The single family dwelling itself is
located approximately 750 feet from the road allowance and 600 feet from
the nearest residential structure. Within the immediate vicinity of the
subject lands presently exists eight (8) lots varying in size from .75
acres to 22 acres each supporting a residential dwelling.
Additionally, Staff would note that in consideration of the location of
the dwelling unit on the subject lands; the physical characteristics of
the lot i .e. topography and tree cover, provide a "physical separation"
from the surrounding residential dwellings. As Committee may recall , the
definition of family and Group Home as within By-law 84-63 is as follows:
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REPORT NO.: PD-100-86 Page 8
"FAMILY - Shall mean one or more persons related by blood,
marriage, or legal adoption or not more than ten (10) persons
who need not be related by blood, marriage, or legal adoption
living together as a single housekeeping unit. In the case of a
mobile home, family shall mean not more than two (2) persons
living together as a single housekeeping unit. For the purposes
of this by-law, the definition of family shall not include Group
Homes as defined herein. "
"GROUP HOMES - Shall mean a single housekeeping unit in a
dwelling in which three (3) to ten (10) residents excluding
Staff and/or receiving family live as a family under
responsible' supervision consistent with the requirements of the
residents. Group Homes shall be licenced and/or approved under
Provincial statutes and shall not be permitted to locate within
300 metres of another Group Home. Furthermore, only one (1)
Group Home housing, elementary or junior high school aged
children, may be located within the area served by any public
elementary or junior high school ."
As contained in the above definitions, each term is representative of a
party "living together as a single housekeeping unit". Staff would note
that inasmuch as a residential usage of the property presently exists,
the principle difference between the definitions requires the receipt of
the appropriate approvals under Provincial statutes for the Group Home
operation and licence.
In consideration of the above-noted comments and concerns, Staff would
have no objections to the application as submitted and approval of the
by-law amendment attached hereto. Staff would note for the Committee' s
information that, pending Committee and Council 's approval of the by-law
if deemed appropriate, should the applicant be unable to obtain the
Ministry of Community and Social Services' approval , Council may wish to
give consideration to the repealing of said by-law amendment.
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REPORT NO.: PD-100-86 Page 9
In consideration of the above comments, Staff, pending Committee and
Council 's decision with respect to the application, will initiate the
appropriate communication with the Ministry of Community and Social
Services.
Respectfu s ted,
T.T. Edwards, M.C.I .P.
Director of Planning
LDT*TTE*jip
*Attach.
April 9, 1986
cc: Ms. Leonora Nicholls
R.R. #2
BOWMANVILLE, Ontario
L1C 3K2
R.R.#2
APR
Bowmanv i I I e, Ontario
L 1 N-5W2 «7 '' Y_.. C
April 8, 1986
Corporation Of The Town Of Newcastle
Municipal Office
Hampton, Ontario
LoBi-1 J 0
Dear Sir
Five years ago, the previous Provincial Government developed
a plan to phase out small facilities for the mentally handicapped
and intigrate the mentally handicapped into the community e.g.
group homes, and home settings.
We believe that all people possess unique talents and needs.
These individual needs should be nurtured in a healthy, inspiring
environment in order to be creative and build to optimum growth
and development. The mentally handicapped need to be respected
as a dignified human being and inspired to acheive selfworth.
We believe everyone is entitled to have basic human rights
provided for them. Durham Center, in Whitby, is one of the
facilities for the mentally handicapped scheduled to close
Nay 31 , 1986.
Leonora Nicholls, who has a 19 yrs. old, mentally handicapped
son, felt motivated to help the mentally handicapped. She has
sold her home in a Whitby subdivision and has bought the property
on Courtice Road South to reside with her son and five young
adults.
It is registered as a legal , non-profit corporation. The home
will be administered by Leonora Nicholls, a registered nurse
with thirty years experience in the medical field with the past j
fifteen yrs. as a Psychiatric nurse for the Provincial Government. I
Our responsible director is Joan NcVarish who has spent several
years as a director for a fifty bed, elderly home. We are a
group of caring Christian people who would like to make a
contribution to the mentally handicapped and the community.
Our future objective is to provide rewarding occupation for
our mentally handicapped e.g. plans to implement meaningful
Industry such as a greenhouse, gardening, cooking, music, and
toy making, social programs include attending local activities.
Our 10.19 acre site will give the mentally handicapped scope
to grow and develop their creative skill , basketball , badminton,
skating in the winter, camping, and an appreciation for animals.
The community will benefit from the project. A staff will be
hired and summer jobs for students will be available.
"Nerimna", meaning care, is the name of the group home and
we truly intend to make it a caring environment for everyone.
If the handicapped person is able to develop,he of she will
hopefully be transfered into halfway houses in other areas.
We do not plan to increase our number beyond six young adults.
I trust this letter helps explain our need for requesting the
zone change to facilitate The Nerimna Group Nome.
Yours truly
YOWIL�
Leonora B. Nicholls
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TOWN OF NEWCASTLE FORMERLY TOWNSHIP OF DARLINGTON ,
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 86-
being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law of 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.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle, pursuant to Section 16.6.5 of the Durham
Regional Official Plan, enacts as follows:
1. Schedule "1" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Agricultural (A)" to
"Agricultural Exception (A-16)" as shown on the attached Schedule "X"
hereto.
2. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1986
BY-LAW read a second time this day of 1986
BY-LAW read a third time and finally passed this day of
1986.
14A YO R
CLERK
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' 'his is Schedule X to By-law 86-,
passed this day of , 1986 A.D,
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