HomeMy WebLinkAboutPD-209-86 i 00
Y
TOWN OF NEWCASTLE
r REPORT File
Res. #c %! -
By-Law #
MEETING: General Purpo e and Administration Committee
DATE: Tuesday, Sep tuber 2, 1986
REPOT #: PD-209-86 FILE #: DEV 86-37
SUBJECT: REZONING APPLICATION - JUDY MINTZ
PART LOT 34, ONCESSION 2, FORMER TWP . OF DARLINGTON
OUR FILE: DE 86-37
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the ollowing:
1. THAT Report PD-209 -86 be received; and
2. THAT the applicati n submitted by Mrs. Judy Mintz to rezone a parcel of land
located in Part of Lot 34, Concession 2, former Twp. of Darlington to permit the
development of a D Nursery be approved and that the by-law attached hereto,
placing the subjec lands within an "(H)R1-9 - Urban Residential Exception (R1-9) -
Holdi ng" zone, be forwarded to Counci 1 for approval .
BACKGROUND AND COMMENT:
On May 28, 1986, the Planning Department received an application for rezoning, submitted
by Mrs. Judy Mintz, to permit the development of a Day Nursery.
Within the Region of Durham Official Plan and the Courtice Urban Area Official Plan, the
subject property is desigiiated within the "Residential" designation. Section 8.1.2.1a)
within the Durham Plan stipulates that Day Care Centres may be permitted in "Residential "
. . .2
A
REPORT NO.: PD-209-86 Page 2
areas subject to the inclusion of appropriate requirements in the respective
Zoning By-law.
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, furthermore, that three (3) Letters of
Objection were submitted as a result of the Public Notice signs, however,
upon clarification 3f the location of the proposed Day Care facility, the
three (3) Letters of Objection were withdrawn at the request of each
individual .
In accordance with department procedures, the application was circulated to
obtain comments froin other departments and agencies as noted within Staff
Report PD-166-86. Staff would note the following departments/agencies, in
providing comment, ffered no objections to the application as filed:
1. Ontario Hydro;
2. Central Lake Ontario Conservation Authority;
3. Ministry of Agriculture and Food;
4. Town of Newcastle Community Services;
5. Peterborough-Victoria-Northumberland and Newcastle
Roman Catholic Separate School Board.
6. Town of Newcastle Building Department
"The proposed use is an "A2" occupancy as defined in the Building Code. As
no construction is proposed, the Building Code Change of Occupany
provisions do not a ply. Should the garage be renovated in the future, it
is possible that a permit will be required at that time."
7. Town of Newcastle Fire Department
"This Department haS no objections to the above-headed application.
Emergency fire response would be from Fire Station #4 which is within an
acceptable travel distance. Municipal water is available for fire fighting
in this area. Any building renovation is to comply with the Ontario
Building Code and t e Ontario Fire Code. The Day Nursery shall comply with
the standard for fire safety established by Durham Region Social Services
and the Ontario Standard for Day Care Nurseries.
. . .3
REPORT NO.: PD-209-86 Page 3
7. Town of Newcastle Fire Department - (Cont'd)
Further to our comments of June 10, 1986 and after reviewing the proposed
plans I would note the following:
1. Exit lighting is required.
2. Emergency lig ting is required for below grade areas.
3. Two (2) fire axtinguishers are required to be installed; 1 BC 51b. at
kitchen entra ce and 1 ABC Multi-purpose 51b. in basement area.
4. Smoke alarms are required on the first and basement floor areas and
are to be int rconnected so that the activation of one alarm will
cause all ala ms within the building unit to sound.
5. For future ex ansion, garage area is not to be used until plans are
submitted and approved for its use. Building construction and
renovation is to be in accordance with the Ontario Building and
Ontario Fire odes."
8. Region of Durham Planning Department
"In response to you^ request for comments, we note that the subject property
is designated "Resi enti al" in both the Durham Regional Official Plan and
the Official Plano the Town of Newcastle. Section 8.1.2.1a) of the Durham
Plan stipulates tha Day Care Centres may be permitted in "Residential"
areas subject to th inclusive of appropriate requirements in the Zoning
By-law. Accordingl , the proposed Day Care Centre may be permitted in this
designation.
Regarding Regional ervices, water supply and sanitary sewer services are
not currently avail able to the subject property. Existing facilities are
located approximate y 150 feet to the east, but the Region has no plans to
extend such service;. Accordingly, the proposal may be permitted to proceed
on the basis of pri ate services provided that the following requirements of
Section 8.1.3.1 of he Durham Plan are satisfied:
a) The private w ste disposal system complies with the standards of the
Ministry of E vironment as amended, and is administered by the Medical
Office of Health.
b) The drilled well does not detrimentally affect adjacent properties.
c) The deveiopme t is in accordance with any relevant provision which may
have been incorporated in the respective District Plan and/or Zoning
By-laws.
. . .4
REPORT NO.: PD-209-86 Page 4
8. Region of Durham Planning Department - (Cont'd)
d) Such other conditions as Council deems necessary have been met."
Staff note that inasmuch as this is not a residential use the
development of same on private services is not permitted. In this regard we
are not in agreement with the comments of Regional Planning Staff.
9. The Region of Durham Health Unit
"The above application for rezoning has been investigated by this Health
Department and insofar as health matters are concerned, there are no
objections to its approval .
I would, however, stress that the applicant should be advised that the
existing sewage system is not of sufficient size to handle the sewage which
would be generated by the Day Nursery. Should the existing system
malfunction, it must be replaced-in accordance with current regulations."
(underlining added by Staff)
10. Newcastle Wor s Department
"We have reviewed tie above-noted application and have no objections in
principle to the pr posed change. However, Staff would request that a cash
contribution for tha reconstruction of Nash Road, fronting the proposed Day
Care facility, be provided and that an appropriate vehicular access and
parking area arrang ment be provided."
STAFF COMMENTS
In addition to the bove-noted agencies to which Staff circulated the
application , the Mi iistry of Community and Social Services, pursuant to the
licencing requireme is for the proposed facility, was requested to provide
comment. Staff was advised that the Ministry does not offer comment upon
the appropriateness of the Day Care facility inasmuch as the "rezoning" of
the property is of ocal jurisdiction. However, Staff was advised that
Ministry Staff, in onsideration of the Ministry regulations; pending the
completion of the rezoning application, could licence for twenty-one (21)
children based upon their criteria of thirty (30) square feet of
unobstructed floor area/play area per child.
As noted within Section 8.1.2.1 of the Regional Official Plan, certain
public recreational and community uses such as Day Care Centres are
permitted to be established in "Residentially" designated areas subject to
. . .5
f
REPORT NO.: PD-209-86 Page 5
the inclusion of appropriate requirements in the respective Zoning By-law.
Furthermore, the provisions of Section 8.1.3.1 state that the "residential "
areas shall be fully serviced by municipal water and sewage systems being a
necessary condition before "residential " development is permitted in any of
the designated areas. However, as an exception prior to the availability of
sanitary sewers and/or municipal water supply, development may be permitted
as infilling on existing lots of record on private services. It is Staff's
opinion that this e ception, when taken in the context of the relevant
section, is directed towards residential development rather than the
additional uses per itted in a "residentially designated area" as noted
above within Sectio 8.1.2.1.
The comments of the Durham Regional Health Unit would substantiate this
position noting that the existing sewage system is not of sufficient size to
handle the sewage w ich would be generated by the Day Nursery operation.
It is Staff's understanding, following discussions with both Regional and
Town Works Staff, t at full services, water, storm and sanitary are proposed
along Darlington Boulevard North to service the next phase of development
within Plan of Subdivision 18T-77001 (Schleiss and Holland). Furthermore,
this system would b designed to accommodate sufficient capacity to service
the subject lands t rough an extension of services, easterly along Nash
Road. This extension of services would be the responsibility of the
applicant pending the necessary financial arrangements with Regional and
Town Works Department.
In addition to the ezoning application, Staff would note that Site Plan
approval for the pr posed Day Care Centre would be warranted thereby
addressing the faci ities associated with the use i .e. parking areas,
provision of play areas, fencing etc. Staff, in reviewing the proposal ,
would consider the site appropriate for use as a Day Care facility. The
location and availability of direct access to a minor collector - Nash Road,
is superior to that of a location within a residential subdivision on a
"Local " road. Staf would note the proximity of the Courti ce Public School
on the north side o Nash Road and noise levels associated with same
. . .6
REPORT NO.: PD-209-86 Page 6
would generally be onsistent with those generated from the Day Care
facilities i .e., st dent activity time outdoors, vehicular traffic
activities within the school property.
In consideration of the above-noted comments and concerns, it is Staff's
opinion that by pla ing the subject property within the appropriate zoning
category, and being subject to the (H) Holding symbol provides the applicant
with the assurances that a Day Care facility may be operated from the site
subject to the remo al of the (H) Holding symbol pending the provision of
services and completion of a Site Plan Agreement for the Day Care
facilities. Staff Would note for the Committee' s information that the
applicant has been advised of Staff's position and recommendation to be
submitted to Committee for consideration.
In closing, Staff w uld note that, should the applicants not be in a
position to agree with Staff's recommendations and the avenue proposed to
permit the use as a Day Care Facility, Staff would not be in a position to
support the applica ion and would respectfully recommend that the
application be denied without prejudice as being premature until services
are available to permit the use of the site for a Day Care Facility.
Respectfully it ed,
j
T.T. Edwards, M.C.I P.
Director of Planning
LDT*TTE*j i p
*Attach.
August 20, 1986
cc: Mrs. Judy Mintz
R.R. #7
Group 26, box 46
SOWMANVILLE, Ontario
L1C 4A6
S�t
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THE C RPORATION 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 Corpo ation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle deems
it advisable to ame d By-law 84-63, as amended, of the Corporation of
the Town of Newcastle.
NOW.THEREFOkE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcast e enacts as follows:
1. Schedule "4" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation of the lands indicated as
"LUNE CHANGE from "Hl" TO "(H)Rl-9" on the attached Schedule "X"
hereto.
Z. Schedule 'T' attached hereto shall form part of this by-law.
3. 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.
,t.
This is Sch dule "X" to By-law 86-
passed th s day of 51986 A.D.
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COURTICE ° 5010° 200 300.
T E CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 86-
being a By-law Lo amend By-law 84-63, the Comprehensive Zoning
By-law of the C rporation of the Town of Newcastle.
WHEREAS the Cou cil 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 New astle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
I. Schedule '4" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation of the lands indicated as
"ZONE CHANGE from "R1" TO "(H)R1-9" on the attached Schedule "X"
hereto.
2. Schedule 'X" attached hereto shall form part of this by-law.
3. 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
986.
MAYOR
LEER-7
This is S hedule "X" to -
-
B law 86
Y ,
passed this day of , 1986 A.D.
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