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HomeMy WebLinkAboutPSD-066-18 Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 10, 2018 Report Number: PSD-066-18 Resolution: File Number: COPA2018-0001 and ZBA2018-0020 By-law Number: Report Subject: An Official Plan Amendment Application by the Municipality of Clarington and Zoning By-law Amendment Application by Durham Hospice – Clarington to permit a hospice on a portion of 1785 Cobbledick Road Recommendations: 1. That Report PSD-066-18 be received; 2. That: Option 1 Council advise Durham Hospice – Clarington to redesign the ultimate 10 bed hospice to fit the 0.81 ha (2 acre) site that Council has agreed to donate; or Option 2 Council declare as surplus, approximately an additional 0.4 hectares (1 acre) of the municipally-owned property, south of 1895 Cobbledick Road and direct staff to transfer a total parcel of 1.2 hectares (3 acres) to Durham Hospice - Clarington subject to the conditions identified in Council Resolution #C-019-18; 3. That Official Plan Amendment No. 119 to the Clarington Official Plan be adopted as contained in Attachment 1 to PSD-066-18; Municipality of Clarington Page 2 Report PSD-066-18 4. That the application submitted by Durham Hospice - Clarington to amend the Zoning By-Law to permit a hospice be approved and a zoning by-law amendment contained in Attachment 2 be passed; 5. That once all requirements contained in the Zoning By-law and Site Plan approval are satisfied, the By-law authorizing the Removal of the (H) Holding Symbol be approved; 6. That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD-066-18 and Council's decision; and 7. That all interested parties listed in Report PSD-066-18 and any delegations be advised of Council's decision. Municipality of Clarington Page 3 Report PSD-066-18 1. Application Details 1.1 Owner/Applicant: Official Plan Amendment: Municipality of Clarington Zoning By-law Amendment: Municipality of Clarington/Durham Hospice - Clarington 1.2 Agent: ROA Studios 1.3 Proposal: General To permit a hospice on approximately 1.2 hectares (3 acres) of land located at 1785 Cobbledick Road. Official Plan Amendment To permit an exception to the Community Park designation to permit a hospice. Rezoning To rezone a portion of 1785 Cobbledick Road to permit a hospice. 1.4 Area: 8.6 hectares (21.3 acres) 1.5 Location: On the east side of Cobbledick Road, south of Highway 2 and north of Highway 401 1.6 Roll Number: 181703003001803 Report Overview Council passed resolution #C-019-18 stating Council’s intent to donate land to Durham Hospice – Clarington. Resolution #C-019-18 also directed staff to initiate an Official Plan Amendment to permit the hospice on a portion of lands located at 1785 Cobbledick Road. Durham Hospice – Clarington has submitted a Zoning By-law Amendment to permit a hospice on the lands. As part of the Official Plan and Zoning By-law Amendment applications a public meeting is required. The plans submitted by Durham Hospice – Clarington now propose a hospice for ultimately 10 beds on a three acre site. While staff are of the view that the site could be designed more efficiently, particularly after geotechnical work is completed regarding the sizing of the septic system, Durham Hospice – Clarington requests that the Municipality donate an additional acre. Amendments to the Official Plan and the Zoning By-law are prepared for Council’s consideration. Municipality of Clarington Page 4 Report PSD-066-18 1.7 Within Built Boundary: No 2. Background 2.1 At the February 5, 2018 Council meeting report CAO-002-18 was received by Council. The report identified options available to Council, including possible locations for a hospice within Clarington, should Council wish to donate land to facilitate a request made on behalf of Durham Hospice – Clarington. 2.2 Council passed resolution #C-019-18 (Attachment 3) stating Council’s intent to donate land to Durham Hospice – Clarington. The resolution also directed staff to declare approximately 0.8 hectares (2 acres) of lands surplus and to initiate a Clarington Official Plan Amendment to permit a hospice on the lands. 2.3 On August 9, 2018 Durham Hospice – Clarington submitted a rezoning application to rezone a portion of 1785 Cobbledick Road to permit a hospice. Staff circulated the application to internal departments and external agencies. Since the circulation staff and representatives from the Hospice have had multiple discussions that has resulted in a revised site plan from the original submission. Municipality of Clarington Page 5 Report PSD-066-18 Municipality of Clarington Page 6 Report PSD-066-18 3. Land Characteristics and Surrounding Land Uses 3.1 The subject lands are located on the east side of Cobbledick Road, south of Highway 2 and north of Highway 401. The lands are relatively flat and slope slightly to the east towards Wilmot Creek. The lands are currently vacant and have been used for agriculture in the past. Figure 3: Subject lands and the residential property to the north The surrounding uses are as follows: North – Single detached dwelling South – Vacant lands designated for a Community Park and Highway 401. East – Valley lands associated with Wilmot Creek, Clarington Fire Hall and Recreation Centre West – Agricultural lands and single detached dwellings Municipality of Clarington Page 7 Report PSD-066-18 4. Provincial Policy Provincial Policy Statement Growth Plan 2017 5. Official Plans Durham Region Official Plan Clarington Official Plan Municipality of Clarington Page 8 Report PSD-066-18 6. Zoning By-law 6.1 1785 Cobbledick Road is currently zoned Agricultural (A) and Environmental Protection (EP). A Zoning By-law Amendment is required to permit a hospice on a portion of the lands. The amendment would rezone a portion of the property identified approximately in Figure 1 from “Agricultural (A) Zone” to “Major Institutional Exception (P1-1) Zone” that would permit the hospice. 6.2 Zoning By-law 84-63 currently does not have a definition or minimum parking requirement for a Hospice. Staff have reviewed other municipal zoning by-laws and have proposed a minimum parking requirement for a hospice use within the zoning by- law amendment. 7. Public Notice 7.1 Public notice was mailed to each landowner within 300 metres of the subject lands on August 10, 2018 and Public Meeting signs were installed fronting onto Cobbledick Road on August 15, 2018. Figure 4: Public notice sign 7.2 Staff have received one letter of concern from an area resident. The concern was the potential impact this facility could have on their dug well. The resident indicated they had experience working at a similar facility and these uses can use a significant amount of water. Municipality of Clarington Page 9 Report PSD-066-18 8. Studies Submitted Planning Justification Report Civil Design Brief Noise Study Archeological Stage 1 and 2 Minimum Distance Separation Information Municipality of Clarington Page 10 Report PSD-066-18 9. Agency Comments Ganaraska Region Conservation Authority Region of Durham 10. Department Comments Engineering Services Department Building Division Fire and Emergency Services 11. Discussion 11.1 Council passed resolution #C-019-18 stating Council’s intent to donate approximately 0.8 ha. (2 acres) of land to facilitate a hospice on the subject lands. At Council’s direction staff have initiated an Official Plan Amendment. Durham Hospice – Clarington has submitted a zoning by-law amendment application to zone the property that would be donated to permit a hospice. 11.2 Durham Hospice – Clarington representatives have submitted a proposal that is seeking approximately 1.2 ha. (3 acres) and 122.5 metres (402 ft.) of frontage along Cobbledick Road to facilitate the hospice. Municipality of Clarington Page 11 Report PSD-066-18 11.3 The request will require Council to declare an additional 0.6ha (1acre) as surplus to create approximately 1.2 ha. (3 acres) site. 11.4 Staff are of the opinion that the site could be designed differently and utilize less land, while accomplishing the needs of the hospice. The more frontage and area utilized by the hospice the less area for the future community park. Staff have met with members of the Durham Hospice – Clarington Board to discuss the site design and propose alternatives regarding parking and drive aisle layout, infrastructure locations and the location of the proposed garage. Geotechnical work has not been completed but the septic bed is 0.62 acres, the maximum the consultants suggest will be necessary. After discussions the applicant has determined the proposed site plan and land area is 1.2 ha (3 acres), and this is what they are requesting Council to declare surplus. 11.5 There are a number of concerns related to the grading and site services from both Ganaraska Conservation Authority and Engineering Services. Additional noise study will be required as per the recommendations of the report that has been submitted. 11.6 The Region of Durham Planning and Health Department have not provided comments at this time. 11.7 One resident has contacted the Planning Department with concerns the proposed hospice may have on their dug well. The site servicing details for the hospice have not been submitted to date. The applicants have engaged a Mechanical consultant to design an underground well and pump to service the hospice; however it is unknown when that information will be submitted for review. 11.8 Staff have prepared the Official Plan (Attachment 1) and the Zoning By-law Amendment (Attachment 2) to implement the request of Durham Hospice-Clarington, for Council’s consideration. The schedule to the Zoning By-law Amendment will have to be completed based on Council’s decision regarding the amount of land it wishes to donate. 12. Concurrence Not Applicable. 13. Conclusion Council passed resolution #C-019-18 stating Council’s intent to donate land to Durham Hospice – Clarington at 1785 Cobbledick Road. Staff have prepared a Clarington Official Plan Amendment and a Zoning By-law Amendment in order to facilitate a hospice on the lands should Council wish to move forward at this time. 14. Strategic Plan Application Not Applicable. Municipality of Clarington Page 12 Report PSD-066-18 Submitted by: Reviewed by: David Crome, MCIP, RPP, Andrew C. Allison, B. Comm, LL.B Director of Planning Services CAO Staff Contact: Brandon Weiler, Planner, (905) 623-3379 ext. 2424 or bweiler@clarington.net Attachments Attachment 1 – Official Plan Amendment Attachment 2 – Zoning By-law Amendment Attachment 3 – Council Resolution #C-019-18 List of interested parties to be notified of Council's decision is on file in the Planning Services Department. I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA-Zoning\2018\ZBA2018-0020 Durham Hospice\Staff Report\PSD-066-18.Docx Attachment 1 to Municipality of Clarington Report PSD-066-18 SCHEDULE "A" Purpose and Effect of Official Plan Amendment Number 119 to the Clarington Official Plan PURPOSE: To amend the Clarington Official Plan to permit a hospice within the Community Park Designation. BASIS: The Amendment is based upon applications for an Official Plan Amendment Number COPA2018-0001 initiated by the Municipality of Clarington. Actual Amendment: The Clarington Official Plan is hereby amended by adding a new exception Section 23.19.6 as follows: 1. In Section 23.19.6 ix) Notwithstanding Section 18.3.5 a hospice shall also be permitted on the lands known municipally as 1785 Cobbledick Road (Assessment Roll Number 1817-030-030- 01803) and more specifically described in the implementing Zoning By-law. Implementation: The provisions set forth in the Municipality of Clarington Official Plan regarding the implementation of the Plan, shall apply in regard to this amendment. Interpretation: The provisions set forth in the Municipality of Clarington Official Plan regarding the implementation of the Plan, shall apply in regard to this amendment. File Number: COPA 2018-0001 I:\^Department\LDO NEW FILING SYSTEM\PROCEDURAL MANUALS\Official Plan -give all updates to Cindy F.-2012 Complete Accessible\SECTION II - OPA - EXEMPT PACKAGE\Section II-OPA Exempt 2 - Schedule 'A' Purpose and Effect.docx Attachment 2 to Municipality of Clarington Report PSD-066-18 Corporation of the Municipality of Clarington By-law Number 2018-______ being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2018-0020; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2 “Definitions” is amended by adding the following: “Hospice – Shall mean a facility designed to provide palliative care to the terminally ill. 2. Section 3.16 e., the “Parking Space Requirements Table” is amended by adding the following: Hospice 1 space for each bed 3. Section 15A.3 “Special Exceptions – Major Institutional (P1) Zone” is hereby amended and the following new Special Exception Zone 15A.3.1 is added as follows: “15A.3.1 Major Institutional Exception (P1-1) Zone” Notwithstanding Sections 15A.1 and f. those lands zoned P1-1 on the Schedules to this By-law shall only be used for a Hospice. Height of Building (maximum) 8.5 metres 4. Schedule ‘2’ to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Holding Major Institutional Exception ((H) P1-1) Zone" as illustrated on the attached Schedule ‘A’ hereto. 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 and 36 of the Planning Act. By-Law passed in open session this _____ day of ____________, 2018 __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk Council Minutes February 5, 2018 - 6 - Alter the Agenda Resolution #C-018-18 Moved by Councillor Woo seconded by Councillor Partner That the Agenda be altered to consider Report CA0-002-18, Potential Locations for Durham Hospice – Clarington Development Strategy, at this time. (Item 7 of the Planning and Development Report) Carried Item 7 - Potential Locations for Durham Hospice – Clarington Resolution #C-019-18 Moved by Councillor Partner, seconded by Councillor Traill That Report CAO-002-18 be received; That staff be directed to declare approximately 0.8 hectares (2 acres) of the municipally- owned property south of 1895 Cobbledick Road shown in Figure 1 of Report CAO-002- 18, as surplus and transfer such property to Durham Hospice – Clarington for nominal consideration, subject to the conditions set out in section 2.11 of Report CAO-002-18 with the exception of the condition that the name “Clarington” be included in the facility’s name; That staff be directed to take all steps to effect the transfer; That the Mayor and Clerk be authorized to execute any documentation necessary to effect the transfer; That Council directs staff to initiate an amendment to the Clarington Official Plan to permit a Hospice at 1785 Cobbledick Road; and That the owner of 1895 Cobbledick Road be notified of Committee’s recommendation and all interested parties listed in Report CAO-002-18 and any delegations be advised of Council’s decision. Carried later in the meeting (See following motion) Resolution #C-020-18 Moved by Councillor Woo, seconded by Councillor Partner That the Rules of Procedure be suspended to allow Members of Council to speak to Resolution #C-019-18 a second time. Council Minutes February 5, 2018 - 7 - The foregoing Resolution #C-019-18 was then carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Councillor Neal X Mayor Foster X Alter the Agenda Resolution #C-021-18 Moved by Councillor Neal seconded by Councillor Cooke That the Agenda be altered to consider Unfinished Business Item 13.1, Addendum to Report PSD-090-17, Applications by Tornat Newcastle Limited for a mixed -use development at King Avenue West and Rudell Road, Newcastle , at this time. Carried Closed Session Resolution #C-022-18 Moved by Councillor Partner, seconded by Councillor Woo That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the following:  A matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and  a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried Rise and Report The meeting resumed in open session at 8:32 PM. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed.