HomeMy WebLinkAboutPD-14-87'~
TOWN OF NEWCASTLE
REPORT
h~-fING: General Purpose and Administration Committee
~~: Mond;y, January 19, 1987
REPORT #: PD-14-8~ FILE #: PLN 4.1
~~: TOWN OF NEWCASTLE COMPREHENSIVE ZONING BY-LAW
OUR FILE: PLN 4.1
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RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-14-87 be received; and
* 2. THAT the attached by-laws to amend By-law 84-63, as amended, be forwarded to
Council for approval; and
3. THAT pursuant to Section 34(16) of the Planning Act, Council resolves that, in
• modifying the By-laws as submitted for Public Meeting, deem it unnecessary for
further Public Notice to be provided.
BACKGROUND AND COMMENT:
In accordance with departmental procedures, Staff annually review the Town's Comprehensive
Zoning By-law with respect to the need for further revisions and continued relevance of
same. In that regard, a number of amendments have been identified by Staff as desirable.
In accordance with Committee Resolution #GPA-1045-84, Staff have initiated public notices
in respect of the proposed amendments which have culminated in the public meeting
scheduled for today's date. The Public Notice was published in various newspapers having
* local circulation on December 17, 1986, a copy of which is attached hereto.
...2
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REPORT NO.: PD-14-87 Page 2
The proposed amendments have been separated into four (4) specific by-laws
and the following comments are intended to provide a brief rationale far the
proposed changes.
1. ESTATE RESIDENTIAL ZONES
Over the course of the past year, a number of issues were raised by
residents of the Town relative to the minimum dwelling unit size permitted
by the "Estate Residential" zone as well as the uses permitted within such
zone. Similarly, Staff have identified, as desirable, a slight reduction in
the minimum lot area and frontage requirements in order to standardize the
• "Estate Residential" zone and eliminate some of the special exceptions. In
addition, as development has proceeded in some of the "Estate Residential"
areas, certain zone designations have become redundant such as the
"Environmental Protection (EP)" zoning along Old Scugog Road which was first
put in place in order to provide a separation between "Estate Residential"
and adjacent agricultural operations. Inasmuch as the agricultural
operation has ceased and an Official Plan Amendment been approved to permit
Estate Residential development on those lands, the "(EP)" zoning is no
longer necessary.
With respect to the minimum dwelling size, it has been felt by some
• residents that Estate Residential is a more prest igious type of area and
that it would be desirable to maintain property values through construction
of larger dwellings than permitted in other rural areas of the Town. A
review of building activity within Estate Residential development indicates
that most Estate Residential dwellings are significantly larger than the
present minimum contained in the Zoning By-law. The proposed amendment
increases from 110 square metres to 165 square metres the minimum floor area
for Estate Residential dwellings.
Along the same lines, a submission was received from a resident residing
within the Rills of Liberty North, an Estate Residential development,
expressing concern about permitting home occupations to locate within such
...3
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REPORT NO.: PD-14-87 Page 3
areas. Again, the rationale being that these areas are rather exclusive
residential areas and should be maintained as such. Inasmuch as some home
occupations could conceivably alter the character of an area, such an
amendment may be desirable. We note, however, that if approved, it would
not prevent the continued use of existing Estate Residential dwellings for
home occupations where such a home occupation use was established prior to
the date of passing of the proposed by-law amendment.
The minor reductions in lot area and lot frontage requirements for Estate
Residential development allow us to eliminate one or two Special Exception
Zones through redundancy and further simplify the by-law by minimizing the
• number of exceptions to the rule.
2. EXTRACTIVE INDUSTRIAL
The second by-law amendment deals with a change in the zoning designation of
a parcel of land located in Part of Lot 16 and I7, Broken Front Concession,
Darlington. The lands are presently zoned "Extractive Industrial Exception
(M3-1)" and were previously owned by St. Mary's Cement hence the zoning.
The lands were acquired by Ontario Hydro for the purposes of constructing a
transmission line and were subsequently resold to Darlington Wood Products
Inc.. Inasmuch as the change in ownership from St. Mary's Cement to Ontario
. Hydro was not identified at the time the Zoning By-law was done, this change
represents a correction to the Zoning By-law. The lands are designated
"Industrial" by the Durham Regional Official Plan and the Town of Newcastle
Official Plan with the presence of "Hazard Lands" related to two (2) minor
watercourses. In that regard, the proposed by-law would change the zoning
designation from "Extractive Industrial" to "General Industrial" with a
"Holding (H)" prefix.
Staff note that we are currently processing an application for development
approval intended to permit the development of the site for manufacturing
uses. This correction will facilitate approval of this application and is
consistent with the intent of the Official Plan.
...4
REPURT NU.: PU-14-87 Page 4 ~/ C6~
3. LAMDSCAPIN6
The third amendment deals with the landscaping requirements related to
various commercial zones and industrial areas and is intended to standardize
the landscape requirement for all commercial areas except "Neighbourhood
Commercial" areas, but does reduce the landscaping requirement for
"Neighbourhood Commercial" from 30 to 20~. It is felt by Staff that
commercial centres located within residential areas should have a higher
proportion of landscaping in order to enhance the aesthetics of same and
better integrate it with the surrounding development.
With respect to the changes proposed for industrial landscaping
requirements, Staff are proposing that the landscape provisions be amended
to require a 1.5 metre (5 foot) landscaped strip along every exterior
property line. This, again, is intended to ensure that the landscaping on
industrial sites will maximize the aesthetics of the area and improve the
streetscape which Staff is of the opinion, is essential to the
attractiveness and marketability of any industrial area.
4. GENERAL
The final amendment involves a number of general changes to the by-law.
• These are summarized as follows:
- the addition of a zoning schedule for the designated Hamlet of
Enfield;
- reduction of the minimum floor area for a converted dwelling from 60 to
50 metres to bring this into line with the provisions provided for
apartments;
- adjustments to the floor area requirements for residential accessory
buildings to increase the flexibility in situations where the existing
dwelling is smaller than prescribed by the Zoning By-law and hopefully
reduce the number of variance applications related to this aspect of the
Zoning By-law;
- reduce the size of parking spaces from 3 x 6 metres to 2.75 x 5.7 metres
to reflect shrinking automobile sizes and allow greater flexibility in
the layout of the parking areas on smaller lots;
...5
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REPORT NO.: PD-14-87 Page 5 ~
reduction in the setback between commercial parking lot entrances and
residential zones, from 9 metres to 7.5 metres in the case of a
residential sideyard, and 9 metres to 1.5 metres in the case of a
residential rearyard. This, again, allows greater flexibility in the
laying out of commercial parking lots and reflects the need for greater
separation where residential sideyards abut a commercial development as
opposed to a residential rearyard. These amendments will facilitate
consideration of a number of site plan applications which do not
presently comply with the provisions of the by-law, nor can they comply
because of site conditions;
- inclusion of parking areas as a permitted use within an "Environmental
Protection (EP )" zone subject to the approval of the Conservation
Authority having jurisdiction. This proposed amendment has arisen as a
result of a number of applications where it is proposed that parking lots
be located in "EP" zones. Since the development of a parking lot, in
conjunction with a commercial development or a residential development,
requires site plan approval and, since approvals by the Conservation
Authority are also required, it is felt that this will provide greater
flexibility in the siting of buildings and the development of properties
adjacent to flood plains.
the next revision would provide minimum yard requirements for places of
worship located within the "R1", "R2" and "R3" residential zones and
allow construction of such buildings to the minimum sideyard setback
requirements of 1.2 metres. This is consistent with the intent of the
by-law, but is not specifically spelt out therein. Similarly, at
present, banks and financial establishments are not specifically
identified as permitted uses within the "General Commercial" zone. Staff
have interpreted the by-law in such a manner as to group such facilities
under business, professional, or administration offices, however, for
consistency with other commercial zones and definitions provided by the
by-law, Staff feel it is necessary to add these to the list of permitted
uses.
- Within "Special Purpose Commercial" areas, the Zoning By-law presently
provides for a greater sideyard requirement where a proposed commercial
development abuts a lot having a residential use located thereon. The
by-law does not make a distinction between zones and consequently, a
residential use located within a commercial zone could require a greater
setback for any proposed commercial building. Staff are experiencing
some .difficulty with the requirement relative to commercial proposals in
the Courtice area and feel that a reduction of the sideyard requirement
would facilitate the orderly and proper development of these commercial
areas.
Similarly, it has been noted that the by-law imposes a height restriction
on the .construction of new hotel facilities through out the Town and,
inasmuch as it was not the intent of the by-law to restrict hotel
...6
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REPORT NO.: PD-14-87 Page 6
- development to low rise buildings, Staff feel it is appropriate to
specify a maximum height for hotels of 25 metres. This equates to
approximately 8 floors and would be applicable only to zones within which
a hotel is permitted such as the "Special Purpose Commercial" zones.
- The proposed revisions also correct a mapping error related to two
"Special Purpose Commercial" zones located on Highway No.2 east of
Bowmanville. A review of the By-law would suggest that the symbols were
transposed in mapping and one of the revisions would correct this.
* The attached amending by-laws reflect these proposed changes and the
proposed amendments which were advertised with two exceptions; that being
related to the reduction of the setback of commercial parking lot entrances
from "Residential" zones as it relates to rear yards and the Extractive
Industrial change to General Industrial. Proposed modifications to the
By-laws were made as a result of a review of a development applications
. submitted subsequent to the Public Notice and in assessing the desirability
of the changes. Staff determined that where a commercial use abuts the rear
yard of a residential lot, the spacial separation could be reduced due to
the fact that there is greater setback in the rear yard to any residential
building then for a side yard. In the case of the Extractive to General
Industrial change the presence of a flood plain dictates the need for a
Holding prfix. Staff do not feel that further public notice would be
required and pursuant to Paragraph 34(16) of the Planning Act, have
recommended that Council give specific consideration to the requirements for
further notice, and if in agreement, resolve to approve the changes to the
By-laws without provision of additional notice.
Based on the foregoing, Staff are recommending that Council approve the
attached By-law amendments.
Respectfully submitted,
war .
Director of Planning
Recommended for presentation
to the Committee
t
rence tse
Chief Adm'n rative Officer
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*Attach.
December 29, 1986
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 87-
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 RESOLYEO that the Council of the Corporation of the Town of
Newcastle enacts as follows:
1) Section 8.1(a) is hereby amended by deleting, in its entirety, Subsection
ii ).
2) Section 8.2(a) is hereby amended by changing from "5000 square metres" to
"48D0 square metres" the minimum lot area.
3) Section 8.2(b) is hereby amended by changing from "40 metres" to "30
metres" the minimum lot frontage.
4) Section 8.2(d) is hereby amended by changing from "110 square metres" to
"165 square metres" the minimum floor area.
5) Section 8.3, Special Exceptions - Residential Estate (RE) Zone is hereby
amended by deleting, in its entirety, Subsection 8.3.3.
6) Section 8.3, Special Exceptions - Residential Estate (RE) Zone is hereby
further amended by deleting, in its entirety, Subsection 8.3.6 "Reside~ial
Estate Exception (RE-6 )" zone.
7) Schedule "1" to By-law 84-63, as amended, is hereby amended by changing
from "Residential Estate Exception (RE-3 )" and "Environmental Protection (EP)"
zones to "Residential Estate (RE )" zone, the zone designation of the lands
shown on the attached Schedule "X" hereto.
el Schedule "1" to By-law 84-63, as amended, is hereby further amended by
changing from "Residential Estate Exception (RE-6 )" zone to "Residential Estate
Exceptton (RE-4 )" zone, the zone designation of the lands shown on the attached
Schedule "X-1" hereto.
9) This By-law shall come into effect on the date of passing hereof sub,)ect
to the provisfons of Section 34 of the Planning Act, 1983.
BY-LAW read a first time this day of 1987
BY-LAW read a second time this day of 1987
BY-LAW read a third time and finally passed this day of
1987.
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passed this day of ,1987 A.D.
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THE CORPDRATION OF THE TOWN OF NEWCASTLE
BY-LAW 87-
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 RE SOLYED that the Council of the Corporation of the Town of
Newcastle enacts as follows:
1) Schedule "1" to By-law 84-63 is hereby amended by changing from
"Extractive Industrial Exception (M3-1)" zone, to "General Industrial (M2 )"
zone, with a Holding (H) prefix, the zone designation of the lands shown on
Schedule "X" attached hereto.
2) Schedule "3" to By-law 84-63 is hereby amended by changing from
"Extractive Industrial Exception (M3-1 )" zone, to "General Industrial (M2)"
zone, with a Holding (H) prefix, the zone designation of the lands shown on
Schedule "X-1" attached hereto.
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, 1983.
8Y-LAW read a first time this ddy of 1987
BY-LAW read a second time this day of 1987
BY-LAW read a third time and finally passed this day of
1987.
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 87-_
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 8E IT RESOLVED that the Council of the Corporation of the Town of
Newcastle enacts as follows:
1) Section 17.3 (e) is hereby amended by changing from "30 percent" to "20
percent" the minimum landscaped open space requirement.
2) Section 19.3fh) is hereby amended by changing from "20 percent" to "10
percent" the minimum landscaped open space requirement.
3) Section 23.2(f) is hereby amended by adding the following:
"which shall include an area 1.5 metres in depth abutting every exterior
lot line except where such area is occupied by a driveway or walkway"
following the words "10 percent".
4) Section 24.2 (f) is hereby amended by adding the following:
"which shall include an area 1.5 metres in depth abutting every exterior
lot line except where such area is occupied by a driveway or walkway"
following the words "10 percent".
5) This By-law shall come into effect on the date of passing hereof subject
to the provisions of Section 34 of the Planning Act, 1983.
BY-LAW read a first time this day of 1987
BY-LAW read a second time this day of 1987
BY-LAW read a third time and finally passed this day of
• 1987.
~~~
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 87-
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 enacts as follows:
1) Section 1, Paragraph 2 is hereby amended by deleting the numeral "18" in
the 1st line and replacing same with the numeral "19".
2) Section 2 "Definitions" is hereby amended by changing from "60 square
metres" to "50 square metres" the minimum floor area requirements for
"Dwelling, Converted".
3) Section 3.1(d) is hereby amended by adding the words "or 40 percent of
. the prescribed minimum floor area for a residential dwelling within the
applicable zone, whichever is greater" following the word "area" in the 3rd
line.
4) Section 3.14(a) is hereby amended by deleting the numeral "6" in the 9th
line and replacing same with the numeral "5.7", and by deleting the numeral "3"
in the 9th line and replacing same with the numeral "2.75".
5) Section 3.14(d)i) is hereby amended by deleting the numeral "9.0" in the
2nd line and replacing same with the numeral "7.5". Said Section is hereby
further amended by inserting the words "side yard lot line" prior to the word
"boundary" in the 2nd line and adding the words "or 1.5 metres of the rear yard
lot line boundary of a Residential Zone" after the word "Zone" in the 3rd line.
6) Section 3.20 is hereby amended by deleting the numerai "9" in the 3rd
line and replacing same with the numeral "7.5".
7) Section 5.1(b) is hereby amended by adding thereto anew Subsection iv)
as follows:
"iv) Parking Areas for which an approval has been issued by the
• Conservation Authority having ,)urisdiction".
8) Section 12.1(b) is hereby amended by adding the words "with an attached
garage or carport" after the word "dwelling" in the 3rd line.
9) Section 13.1(b) is hereby amended by adding the words "with an attached
garage or carport" after the word "dwelling" in the 3rd line.
10) Section 14.1(b) is hereby amended by adding thereto the words "with an
attached garage or carport" after the word "dwelling in the 3rd line.
11) Section 16.ifb)iii) is hereby amended by adding the words "bank or
financial establishmerrt", prior to the word "business".
12) Section 19.3(e) is hereby amended by deleting the words "or abuts a lot
having a residential use situated thereon within 15 metres of such comrmn lot
line".
13) Section 19.3(g) is hereby amended by deleting the words "or a lot having
a residential use situated thereon within 15 metres of such canmon lot line".
14) Section 19.3(1) is hereby amended by adding the words "for all permitted
uses, save and except that a hotel shall not exceed a maximum height of 25
metres".
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15) Schedule "1" to By-law 84-63, as amended, is hereby amended by changing
from "Environmental Protection (EP)" zone to "Residential Estate Exception
(RE-4)", the lands shown on the attached Schedule "X" hereto.
16) Schedule "1" to By-law 84-63; as amended, is hereby further amended by
adding thereto, the natation "See Schedule 19 (Enfield)" to the lands so
identified on the attached Schedule "X-1" hereto.
17) Schedule "3" to By-law 84-63, as amended, is hereby further amended by
changing from "Special Purpose Commercial Exception (C4-1 )" to "Special Purpose
Commercial Exception (C4-5 )" the zone designation of the lands so indicated on
the`attached Schedule "X-2" hereto.
18) Schedule "3" to By-law 84-63, as amended, is hereby further amended by
changing from "Special Purpose Commercial Exception (C4-5 )" to "Special Purpose
Commercial Exception (C4-1)" the zone designation of the lands so indicated on
• the attached Schedule "%-'1" hereto.
19) By-law 84-63, as amended, is hereby further amended by adding thereto a
new Schedule 19 as shown on the attached Scheduie "X-3" hereto.
20) This By-law shall come into effect on the date of passing hereof subfect
to the provisions of Section 34 of the Planning Act, 1983.
BY-LAW read a first time this ddy of lgg7
BY-LAW read a second time this ddy of 1987
• BY-LAW read a third time and finally passed this day of
1987.
MAYOR
CLERK
This is Schedule "X" to By-law 87-_,
passed this day- of ,1987 A.D.
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This is Schedule"X-3"to By-law 87-_,
passed this day of ,1987 A.D.
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............~.~~....~..........~.................. { THIS IS SCHEDULE '19'
LOT LOT 30 TO BY-LAW 84.63
PASSED THIS IDtN DAY
REV~sloxs OF SE PTEMRER,1984.
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