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Home My WebLink AboutPSD-087-02 '" Cl~illgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE (!;PIi- 3dd-O~ By-law #: ;2m~ - / J.-- cor Monday, September 9, 2002 J)/~ Date: Report #: PSD-087 -02 File #: ZBA 2002-0024 Subject: REZONING APPLICATION APPLICANT: DENSIE GERRITS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration CommiUee recommend to Council the following: 1. THAT Report PSD-087-02 be received; 2, THAT the rezoning application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Denise Gerrits, be APPROVED; 3, THAT the amending by-law attached hereto be passed by Council; 4. THAT a copy of Report PSD-087-02 and the attached amending by-law be forwarded to the Durham Region Planning Department; and 3. THAT all interested parties listed in this report and any dele9ations be advised of Council's decision, Submitted by: D i J Creme, M.C.I.P.,R.P.P. Director, Planning Services Reviewed b~ ) Franklin Wu Chief Administrative Officer . -.'p .,,--, -LA...-) (,'l. SA *L T*DC*df 30 August 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 698 REPORT NO,: PSD-087-02 PAGE 2 1.0 APPLICATION DETAILS 1,1 Applicant: Denise Gerrits 1.2 Rezoning: To rezone the subject lands from "Urban Residential Type One (R1)" to an appropriate zone to permit the development of a crisis care facility. 1,3 Site Area: 862 m2 2.0 LOCATION 2,1 The subject lands are located at 121 Queen Street, Bowmanville (see Attachment 1), The property is contained within Part Lot 12, Concession 1, in the former Town of Bowmanville, on the east side of Rotary Park. 3.0 BACKGROUND 3,1 On June 18, 2002, Denise Gerrits, on behalf of Bethesda House, submitted a rezoning application to the Municipality of Clarington to rezone 121 Queen Street to permit the development of a crisis care facility, 3,2 The intent of the development of this site is to attain a larger facility than the previous facility that existed in Bowmanville, The existing crisis care facility in Bowmanville is now closed. The proposed facility will provide temporary housing for women and their children in crisis, 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4,1 The subject property contains an existing single detached dwelling and a detached garage, The subject lot has frontage and access to Queen Street. 699 REPORT NO.: PSD-087-02 PAGE 3 4.2 Surrounding Uses: East - North - West - South - Residential St. John's Anglican Church Rotary Park Rotary Park and the Bowmanville Creek Valley 5.0 OFFICIAL PLAN POLICIES 5.1 The lands are designated "Living Area" within the Durham Region Official Plan, The goal of the Living Area designation is to provide a full range of housing, 5,2 Within Clarington Official Plan, the subject lands are designated "Main Central Area", The Secondary Plan for the East Main Central Area identifies the lands as "Mixed Use Area", The Mixed Use Area currently contains predominantly residential dwellings, It is the intent of the Official Plan to allow for the conversion or redevelopment of existing structures to enhance the character of these areas, Permitted uses include low density residential. A crisis care facility is a low density residential use and thus the proposed use is in conformity with the Clarington Official Plan, 6,0 ZONING BY-LAW CONFORMITY 6,1 The subject lands are currently within the "Urban Residential Type One (R 1) Zone", which permits a single detached dwelling unit and a home occupation use, A crisis care facility would not be permitted, thus the need for the rezoning application, 7.0 AGENCY COMMENTS 7.1 The Clarington Building Division has no objections subject to the following conditions: . A change in use permit will be required for the project; and 69901 REPORT NO.: PSD-087-02 PAGE 4 . As site servicing drawings were not included in the initial submission, Plumbing comments are not included at this time, but will be required prior to Site Plan approval. 7,2 Clarington Emergency Services, Kawartha Pine Ridge School Board, Durham Police Services and Veridian Connections have no concems with this application, 7.3 Clarington Engineering Services have no objection to the application in principle. More detailed comments will be offered at the site plan stage of this application, 7.4 Regional Works Department have no objection to this application, If a future addition is proposed, further review and a detailed site servicing plan will be required. 7,5 The Regional Planning Department have no objection to the rezoning application subject to the applicant providing a Phase 1 Environmental Site Assessment. The results of the Phase 1 will direct the need for any further work or a Phase 2 to be conducted. 7,6 Comments were not received from Local Architecture Conservation Advisory Commillee (LACAC), LACAC does not meet again until September 17, 2002, and will be available to review any proposed additions or building modifications through the site plan approval process, 8.0 COMMENTS 8,1 The applicant is proposing to develop the existing 218 m' (2346 ft') dwelling into a crisis care facility, The proposed facility will accommodate beds for 15 persons, associated rooms such as kitchen, living room, play areas and several staff offices in the principle building, 69902 REPORT NO.: PSD-087-02 PAGE 5 8,2 The applicant has submitted a site plan application and the drawings are currently under review by Municipal departments and required government agencies, The site plan drawings indicate a 158 m2 (1703 ft2) addition is proposed to be attached at the rear of the existing dwelling increasing the total floor area of the first and second floors to 376 m2 (4049 ff), The addition will not be visible from Queen Street although it will be a two storey addition the full width of the existing dwelling, All new building materials, brick and siding, will be matched to the existing building materials, 8,3 The addition will contain two barrier-free washrooms, an elevator, pantry, common room, staff room and three additional bedrooms. 8,4 The existing neighbourhood is composed of varied land uses including, Rotary Park, Morris Funeral Chapel, the Odd Fellows Hall, the vacant Lawn Bowling Club, St. John's Anglican Church, a condominium complex, Bowmanville Senior Public School, law offices, chiropractic offices and a number of residential dwellings, some converted to apartments, This land use variety has existed for a number of years, 8,5 The subject property is within walking distance of many downtown Bowmanville services such as doctors, dentists, lawyers, personal services and retail services, 8,6 This dwelling is identified as a heritage resource, Official Plan policies require that alterations, renovations, additions or repairs are compatible and consistent with the building and surrounding area in terms of building materials, colour, height, scale and design, including windows, doors and roof lines, An initial review of the site plan drawings indicates that an addition will be added to the rear of the building only and should not be visible from Queen Street. Any proposed exterior alterations or additions will be subject to site plan review by the Local Architecture Conservation Advisory Committee, 69903 REPORT NO.: PSD-087-02 PAGE 6 8,7 Comments from the Region of Durham Planning Department noted that pending the results from a Phase 1 Environmental Site Assessment, a Phase 2 may be required. A Phase 1 study, by Gibson Associates, was received by the Clarington Planning Services Department and appears satisfactory, The closest landfill sites were located 700 metres to the west at the Bowmanville Foundry and 1.5 km northwest at the Town of Bowmanville Waste Disposal site adjacent to the Bowmanville Creek (this site is closed), There is no possibility of contamination from these sites, The Phase 1 also noted that no on-site contamination had occurred on the subject lands during it's use as a single detached dwelling since 1931, Thus the study concludes no further investigation is required on the subject lands, 8,8 A number of residents appeared at the Public Meeting July 12th, 2002 and the following concems noted: 1) That the street fac;:ade and windows remain the same; 2) That parking be provided on-site, not on Queen Street; 3) Sidewalks may be required on the south side of Queen Street with this new use being introduced; 4) Delivery trucks coming and going from the new use; 5) That crime and vandalism would increase in the neighbourhood due to the new use, 8,9 Planning Staff have reviewed the site plan drawings submitted and are satisfied that the street fac;:ade of the existing dwelling will remain as it appears now, The addition will be located completely in the rear yard and which will be enclosed by a 1,8 metre board fence, The main entrance for the crisis care facility will be a side entrance, not the front door facing Queen Street. Security for this door will provided by a gated driveway and gated pedestrian entrance accessed only by security pads, 69904 REPORT NO.: PSD-087-02 PAGE 7 8.10 Parking for the crisis care facility will be provided on-site, Six (6) spaces are shown on the site plan in accordance with the zoning by-law requirements for width and length, The existing garage will remain at this time and is of adequate size to accommodate an additional two motor vehicles, The zoning by-law amendment accompanying this report will require a minimum of six outdoor parking spaces to ensure that parking is provided on-site. Bob Burke, Chair of Bethesda House, noted that the majority of woman using the crisis care facility do not bring their own cars and Staff generally occupy the parking spaces, 8,11 Sidewalks exist on the majority of both the north and south sides of Queen Street. The sidewalk on the south side of Queen Street ends on the west side of Rotary Park. Engineering Services does not have any proposed plans in the immediate five year forecast to construct sidewalks in this area, as there is no additional need for sidewalks in this area of only single detached dwellings, Engineering Services are satisfied that the sidewalks that are provided are adequate to accommodate the mixed uses located on Queen Street. 8,12 At the Public Meeting the Director of Bethesda House, Bob Burke, addressed concerns regarding delivery trucks, As Bethesda House essentially operates as a single detached dwelling there will be no more delivery trucks coming to the house then would be anticipated for a single detached dwelling, 8,13 Bethesda House is very conscious of their need for security and will be providing gated access to their dwelling, a continuous 1,8 metre board fence along the perimeter of the property in the side and rear yards as well as several security cameras to keep their property secure, They are willing to work with the neighbourhood residents, local police and the Municipality should it be necessary, but based on other crisis care facilities operated previously in Bowmanville and in 69905 REPORT NO.: PSD-087-02 PAGE 8 other Municipalities they do not anticipate an increased level of crime in their neighbourhood, 10.0 CONCLUSIONS 10,1 Based on the comments contained in this report, it is respectfully recommended that the rezoning application be APPROVED, Attachments: Attachment 1 - Key Map Attachment 2 - Amending By-law Interested parties to be notified of Council and Committee's decision: Mike Fagan 117 Queen Street Bowmanville, ON L 1 C 1 M7 Bob Burke 120 Roser Crescent Bowmanville, ON L 1 C 3N9 Mavis Carlton 119 Cove Road Bowmanville, ON L 1 C 3K3 Lyle McMahon 143 Queen Street Bowmanville, ON L 1 C 1 M7 Lynda Carder 35 Brown Street Bowmanville, ON L 1 C 2R2 Ken Lynch 120 Queen Street Bowmanville, ON L 1 C 1 M8 Dan Maclean 135 Queen Street Bowmanville, ON L 1 C 1 M7 Francis Ivy 45 Queen Street Bowmanville, ON L 1 C 1 M3 69906 ATTACHMENT 1 Rotary Park ou~ ~4' s~ ~~ '. Bowmanvllle Key Map ~/~~&~l:Sf;~V~~ J'l'~~~ A' .~~ ....v~~" '?: ~ A' Q. ~ ,?, ~~~1: -t; Ii' ~ ~" ~~~ #~J'~~~~ ~ 0 ~ A ~ ~ I /'.... ~( ~ .17~ ( '-., 69907 ZBA 2002-024- Zoning"By-law Amendment Owner: Merrill D. Brown CORRPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW NUMBER 2002- being a By,law to amend By-law 84,63, the Comprehensive Zoning By-law for the former Town of Newcastle WHEREAS, the Council of the Corporation of the Municipality of Clarlngton deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2002-024; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL (R1) ZONE" is hereby amended by adding thereto the following new Special Exception 12.4.56 as follows: "12.4.56 URBAN RESIDENTIAL EXCEPTION (R1-56) ZONE Notwithstanding Section 12.1 and 12.2, those lands zoned "R1-56" on the Schedules to this By-law, in addition to other uses permitted in the "Urban Residential Type One (R1) Zone" may also be used for a crisis care facility subject to the following definition and zone regulations: a) Definitions i) Crisis Care Facility A crisis care facility shall mean an establishment operating as a single housekeeping unit and used for the short term accommodation of persons, who live under supervision and who require a temporary living arrangement for their well being. ii) Private Amenity Area A private amenity area shall mean an area immediately abutting a dwelling that is designed and intended for the exclusive leisure and recreational use of the occupants of the dwelling. b) Lot Frontage (minimum) 18 metres c) Yard Requirements (minimum) Front Yard 8.9 metres d) Front Yard Landscaped Open Space (minimum) 65% e) Lot Coverage (maximum) 40% f) Private Amenity Area (minimum) 75m' located in the rear yard g) No parking space shall be permitted in the front yard landscaped open space area. h) Parking (minimum) 6 outdoor parking spaces 69908 ATTACHMENT 2 .--. Page 2 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Urban Residential Exception (R1) Zone" to "Urban Residential Exception (R1- 56) Zone" as illustrated on the attached Schedule "A" hereto. , 3, Schedule "N attached hereto shall form part of the By-law. 4. 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 2002 BY-LAW read a second time this day of 2002 BY-LAW read a third time and finally passed this day of 2002 John Mutton, Mayor Patti L Barrie, Municipal Clerk 69909 This is Schedule "A" to By-law 2002- , passed this day of .2002 A.D. Rotary Park 9&(') ~1t .s'~ ~0- J I:':':':':':':':~ Z' Ch From"R1" to"R1-o-6" ::::':.:.:.:.:.: onlng onge John Mutton, Moyor Patti L. Borrie, Municipal Clerk J Bowmanvllle 69910