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HomeMy WebLinkAbout75-142REPORT N0, 142 OLD BUS STATION. BOWMANVILLE:- 1. CRD Zone (Proposed): As instructed, the Zoning Sub -Committee has met with Mr. Mario Veltri to discuss his proposed development on the above site. The Committee have recommended that this site be placed in a special zone which would take the form attached hereto. Members will note that in regard to the height of the building there is no fixed limit but the height is related to the yards provided. With regard to parking, the Committee recommended that Council adopt a public park- ing policy as specified below. 2. Modifications to CRD Zone: I have examined the proposed zone provisions and consider them appropriate provided that the following small changes are made. (1) An auditorium (theatre) should be listed as a permitted use to accommodate the proposed mini -theatre, (2) A recreational establishment should be listed as permi- tted use to accommodate the proposed billiard room which the owner's required to include in the project as condi- tion of sale by the previous owner of part of the site. (3) A parking lot should be deleted from the list of per- mitted uses. (4) The word 'yard' should be defined for purposes of sec- tions (c)(ii), (d)(ii), (f)(i) and (i) to make it clear that yards are to be measured at the base of the portion - 2 - 2. Modifications to CRD Zone: (continued).... (4) of the building concerned rather than at ground level. 3. Parking Authoaitvs The Zoning Sub -Committee in dealing with this proposal came to the conclusion it would rarely be possible for developers in the downtown area to assemble sufficient land to provide fully for the parking requirements generated by their developments. The Commi- ttee concluded that if redevelopment and revitalization of the downtown areas of Bowmanville, Newcastle, and Orono were to occur, it would be necessary that parking be provided by public authorities rather than private developers. The Committee recommended therefore, that no parking be required for commercial uses in the Downtown Commercial Zones. CD and CRD, and in lieu thereof the Town establish a Parking Authority under section 352(72) and (73) of the Municipal Act. Those sections are attached hereto for the Committee's infor- mation. Please note that the cost of providing municipal parking could be levied against the following or any combination thereof. (a) users (b) ratepayers in a defined area (c) ratepayers generally . R co gndations: (a) It is recommended that Council give approval in principle to the attached CRD Zone as modified by the changes in 2 above so that the developer's architect can draft plans in accordance therewith. - 3 - 4 Recommendations: (continued)..... (b) It is recommended that Council give approval in principle for the establishment of a Parking Authority and the exemption of downtown commercial uses from the parking requirements of the zoning by-law. (c) It is recommended that staff and consultants be authorized to draft a by-law for the incorporation of the Parking Authority. Respectfully submitted, 5(1i 4 it George F. Howden, Planning Director. DOWNTOWN COMMERCIAL -RESIDENTIAL ZONE (CRD) (1) USES PERMITTED No person shall within any CRD Zone use any lot or erect or use any build- ing or structure for any purpose except one or more of the following CRD uses; namely: (a) RESIDENTIAL USES: an apartment dwelling house. (b) NON-RESIDENTIAL USES: a business office; a clinic; a commercial school; a dry cleaning or laundry outlet; a financial office; a laundromat; a merchandise service shop; a parking lot; a personal service shop; a professional office; a public use; a restaurant; a retail store. (2) ZONE PROVISIONS No person shall within any CRD Zone use any lot or erect, alter or use any building or structure unless such lot is served by a public water system and a sanitary sewer system and except in accordance with the following provisions: (a) LOT AREA (minima): (i) Apartment dwelling house con- taining not more than 6 dwel- ling units - 10,000 square feet (ii) Apartment dwelling house con- taining more than 6 dwelling units (1) - 900 square feet per dwelling unit (b) LOT FRONTAGE (minimum): - 90 feet (c) FRONT YARD DEPTH (minima): (i) Non-residential uses - 10 feet (ii) Apartment dwelling house - 35 feet (d) EXTERIOR SIDE YARD WIDTH (minima): (i) Non-residential uses - 10 feet (ii) Apartment dwelling house - 25 feet (e) INTERIOR SIDE YARD WIDTH (minimum): - none required, provided that where the interior side lot line abuts a zone other than a Commercial or Institutional Zone, the minimum interior side yard width shall be - 25 feet. (f) REAR YARD DEPTH (minima): (i) Apartment dwelling house - 35 feet (ii) Non-residential uses - 25 feet, provided that where the rear lot line abuts a zone other than a Commercial or Institutional Zone, the minimum rear yard depth shall be - 35 feet. (g) DWELLING UNIT AREA (minima): (i) Bachelor dwelling unit - 450 square feet (ii) One bedroom dwelling unit - 600 square feet (iii) Two bedroom dwelling unit - 750 square feet (iv) Three bedroom dwelling unit - 850 square feet (v) Dwelling unit containing more - 925 square feet, plus than three bedrooms an additional T5 square feet for each bedroom in excess of 4. (h) LOT COVERAGE (maxima): (i) Non-residential uses - 75% (ii) Apartment dwelling house - 35% (i) HEIGHT OF BUILDING (maximum): - 40 feet, except that if any portion of a building is erected above a height of 40 feet, the required yard dimensions applicable to such portion of the building shall be increased by 1 foot for each 1 foot by which such building exceeds a height of 40 feet. Such provision shall not apply to an interior side yard if the interior side lot line abuts a Commercial or Institutional Zone nor shall such provision apply to a rear yard if the rear lot line abuts a Commercial or Institutional Zone. (j) LOCATION OF DWELLING UNITS: No dwelling unit shall be located except in any storey above the first storey. (2) (k) DWELLING HOUSES PER LOT (maximum): - 1 only (1) HABITABLE ROOM WINDOW: Where the exterior wall of an apartment dwelling house contains a habitable room window, such wall shall be located no less than 25 feet from any interior side lot line. (m) LANDSCAPED OPEN SPACE (minima): Notwithstanding the provisions of Section 4(68) hereof to the contrary, the lands designated as landscaped open space for an apartment dwelling house may be located above finished grade but not above a height of 30 feet. (i) Apartment dwelling house - 35%, which may include a play area (ii) Non-residential uses - 10% (n) PLAY AREAS: A play area shall be provided on each lot containing more than 10 dwelling units in accordance with the following: (i) Minimum area - 4% of the lot area (ii) Location - not in a privacy yard nor in a required front yard. (o) INDOOR PARKING BONUS: Notwithstanding the provisions of Section 12(2)(a) hereof to the contrary, if more than one half of the required parking spaces for the apartment dwelling house are provided within the main building or underground on the same lot therewith, the minimum lot area per dwelling unit may be reduced to 800 square feet per dwelling unit. (p) ACCESSORY USES, PARKING, ETC.:' In accordance with the provisions of Section 5 hereof. (3) 72n hora+x;uaru�?t a�aa�ltntsirrrt,ta��irelrnntrseir3ixalfrrvvin;.',t.atw3, et�ar.m,. building and a A`Iti"$#=d.:Y k:"re 'vi hri'lrit Mey be parke& attd for g�uirq Iola erecting huildtnga or mna-ti*sers f..,, 'r r =etuertaen+ wult take x park mtt of %0110- it', �Tn orisn, T b^ mo.' reyaed f0? ¢t,v fk?1T&isina' '. t, it mFI P19f'll)(it d,1, and for lew g -,.: { 1'1, iyllld,ju, (w dtrt, '. tnre,. and for regulating, supa� iai.6 r :ca)(l '­vr•ri''ing the parking of vehivlet! therein or thereon ...1 (u)_ A bylaw undrr thin parewraph ivm define iehidfs for '0", i. theur Q poem of the he -lam p, li""t (6) Land acquired or rmteb6t,•a1 frw thr parking of vehicles 411 s under this paragraph "A tsiildtrigs and sttrnrt.urMe acquired or erected, uneter thio paragraph Asall he deemed to be. it highway for the purposevr of paragraph ii of section 460 and thr need paragraph R applies to such land, buildings and etrucwres. nu r.nela (r) A by-law under this pWMXMph may set aside and fmm designate on any land vatted for any purpose p pose In a unJrrgro•nd ,nrklne municipality entraffefse and exits to or from any uuder- ground parking Par.ditin for the use of persona or vehicles, provided no such entrances or exits shall beset aside on a connecting limit or extension of the King's Highway without the approval of the Department of Highways. t mMure tux (d) A by-lax under this paragraph may provide procedure M.11t f •t rvl (Or the Voluntary nary pRvatent Of penalties gilt Of tYnnPt In Peukk wt �� K cava where it is alleged that the parking provisions of the by-law have been contravened and if payment is not made in accordance with such procedure section 400 "Who 111 r"fund (e) Where as municipality astalitiolied a parking lot or lots or erects buildings or etractutes therein, therson or there- under for such purges or constructs underground parking facilities in the municipality at the expanse of all the ratepayers of the municipality, rite Municipality shell sa"ish a resarve bond sail deposit thsrain the net remion derived (win the operation of all parking facilities operated by or on behatt of the municipality or WOW by or on behalf of the murdelpality for parking htehuding parking meta on highways. ndm such MOSM fund "I be applied. ' 0) firmly, for the Mineat at isttweat and principal falling due isuch yew ia aftnsydebentures iasaed for rise purposes of this paragraph, and (W Me fax the a lloa t. Living " ar kite at tmwtim, and (iii) thirdly, for such other pwWM as ft Dspwtment aMW appraraet (0) f i) A, h► -baa peaeed under the authority 4 Utit para, ar elesph may provid®, With tis' of the Me 'Muulogial Bond, that the eapiW ftt thwed, or +�• auv part tbared, the annual maw pay" under A fes s ar any 9Perating defwg in the ROVI ea year Shall be levied the uiadainsmww area in the municipfily that in the Opinion d the o watmii derive Spatial benofit ,• and is that o. the by-law Abell have theratu a Rchedule estahimhioS the portion of the omb that "I be leviedalMinataaoh Pavel Of LO d Ift the defi>aod exec (ii) Tlw Angm es t Aargamble td haat in the defined area ahail h d equiRmbly an *9 parml is Nowdown with tin tie amuitg to a parcel ham S d uta wtiva lot or in the proportion that ubt towswon of each Pmmal bmn to the total mamomSof the pwwb in tbodefloodarda " NO When ea�epph d o opts is to be Sive mum d its, apyai to dw Humiew for amoval. d tbo ate to Q0 mommed Owt tdeach .Its" of b"14 Slut Ofito ons, or) T* M , at 4 rise ve the by -la ,�. to Sho bq daeampm omt the add area, bye a s but two- Wrds of 04 ics at kat oeao-balf d tho SiMMOSVOW Of thtp lend in the WON IS0OM the at m prim to the hamriag(v) Wleove ®hy tsar atiom a Prriiit let pnmvidea fw e u lend in a de�sb Not ktiS bei sedneR Recd brryatobs the hand in the defiv*d atm ottder subdaue iii in the proportiou the ;mid Im Amede Sphut each parcel of land heals to the toll Veroiai krtry, and after the debsn- tutm have bM retired the net revenue derived hom the apsatisn Of Ruth puking lot shall be paid into the room faced eat up under elmm a or, if no rem" had bac bmea actup undw claim e, a rive fund etw be ®Rt up for the earns purpom andewh saimampsidintothefundandapplied Is esmrdraw,m with clata J. s:"i„s«nit W Where a by-law hes been paaeert undo ?±hie 5wagraph. which provided that the capital or � c v r..yniro[ p tlYsry tweet thP.Pd?9f shall be levied against the lands r a . r,.t oma under kit clause p, and the council is of the opisltlnt Istat Lando in any other area or oases have basun or nf4v Itegm to derive a special benefit therefrom Lawenuee of the pits - ding, stub equent to the effective eWw aj the by-Iaw” It 1979, imposing the levy, of a by -lar or loowndment to s �U9 by-law under section 3bofThoPfrwring.grt,tleecouncil may, by a further by-law passe/ %*b the approval of the Municipal Board, define thaeeea or areae in which lands have begun or tray 1111011 to derive such special benefit and reapportion the baton of such costs men- tioned in subelause i ofelaas ® and amend the schedule to the first -mentioned bydatr on tho such costs shall be apportioned agaenat aaoh pet oeiafbsed is all the defined areas that derive or tbm have ttegua or begin to derive such special benefit. t�kpmdent 73,.. For establishing an authority to be known as 'The Peking mahanW Authority of the ............. of...... , ..... .... ",.and w .vin d may entrt to the peak* authtaelty the tfoo nteinta- nerta, etrattat, opsrefion and MOWgmdmg of municipal parking fecilithe within the municipality. ODD (a) A ius autbettty u " ph i corpmtttee end 416091001let of'4l" members, t w ataA of whmp be a Pon qedWW to be w a ewm of thtieoionrif a! the municipa6! mid ehe)9�e ted ao by the utm@ 65 " rate of at t t"atadof trite ci t ems 00 WM *0 APPWAd "- hold offive ro !fd'Q�Ri tl`t aro ted, sd,�.d (d) 'lYmb9- '' g rf orasubaa- �u t e ttyaf' U z1=0a a. f'be appolud a d Fes. e9fiM 6 �V 4 (P The mersbe",xnuytwpoidauchsa oroth,errewuner-eater„ at,)on as m:a,y lye fixer; by by-law of the counril. (G) t.YMI the passing of that irr°.law oaftWishing the yarkinsg, P,, � ;,d aautilority, 811 the powers, r�iuie, tutdtorittes AW privi- :1 "° °r pw�(r lqM conferred and duiUs im 'oa the municilaal eo.fa ocrporation by any gagera9 as opociai Act withrespaee t to the eonstmetion, mamtenauce, operation and manage- mentafmunesdPaaci by the parking authority, but sul)*t to sueb tkriitationnes IhAt r-Iaw may provide. (h) The parking authority them submit to this council its twn,utam estimates for the curmat year at the time sad in tlx: form prescribed by council and make requisitions ulama the council for all sums of money requited to carry out its powers and duties, but nothing haroba divests the Council of its authority with retweaft to prMwing the money for than purposes of the porkba authority and, tehea money is so Provided by the muopt the tremurer of the munieipashty Ball, upon on owificste of the parking authority, W out guehi masaay. W On or before the fst day of Mach in each year, the Annuel parking authority thren submit its arnmal report for the 'eat Ping yew to aisuscal including a complete audited and <artiled finsueW stateratat of bs affairs, with balance shoot and revenue and expenditure saatemen t, (f) The Muaictpffil attduter ahall he the auditor of the Auda parking authority sad alt books, documents, "mac- timss, miputes taus accounts of the parking authority adall, at aU times, be open to bb inspection. W The power, right, authority sed privitopje of the council aT hence a to raise money by the bout of debentures or otherwire for the toguhitirm of pends aar construction of buildiraan shall not be transferred to the parking authority. ffl Upon the repeal of the by-law amtableahing the, peeking Awit.,.a authority, the parking authority access to exist and its undertshiag, d0ftments, Assets and liabilities shall be amme:d by the municipality.