HomeMy WebLinkAboutPD-5-90 TOWN OF NEWCASTLE
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-_ - — PUBLIC MEETING
METING: General Purpose and Administration Committee
DATE: January 8, 1990
REPORT #: PD- 5 -90 FILE_ DEV 89-114
SLRJECT; PROPOSED AMENDMENT TO COMPREHENSIVE ZONING BY-LAW
WITH RESPECT TO PROHIBITING VIDEO ARCADES AND/OR
SIMILAR USES IN THE TOWN OF NEWCASTLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 5 -90 be received;
2 . THAT the application to amend the Town of Newcastle
Comprehensive Zoning By-law 84-63, as amended, be referred
back to Staff for further processing and the preparation of
a subsequent report pending the receipt of all outstanding
comments; and
3. THAT a copy of Committee and Council's decision be forwarded
to the interested parties attached hereto.
1. BACKGROUND:
1. 1 On September 25, 1989, the General Purpose and Administration
Committee directed the Director of Planning and Development
to review the Town's Comprehensive Zoning By-law to prohibit
video arcades and/or similar uses within the Town of
Newcastle.
. . .2
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REPORT NO. : PD- 5 -90 PAGE 2
1.2 On Monday, November 20, 1989 , the General Purpose and
Administration Committee authorized Staff to advertise in
local newspapers in order to advise the general public of the
Public Meeting being held in relation to the proposed Zoning
By-law amendments . Public Notices advising the general public
of the date and time of the Public Meeting appeared in the
Orono Weekly Times, the Newcastle Independent, the Bowmanville
Statesman and the Oshawa Times .
2 . EXISTING BY-LAW PROVISIONS:
2 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-
63, video arcades and/or similar uses are provided for within
the definition of a "Place of Entertainment" . Presently,
"Places of Entertainment" , and therefore, video arcades, are
permitted within the "General Commercial (Cl) " Zone and the
"Special Purpose Commercial (C4 and C5) " Zones . Additionally,
video machines are permitted within convenience stores and
eating establishments as accessory uses . Consequently, under
the current provisions of the Town of Newcastle Comprehensive
Zoning By-law 84-63, video machines can be provided in every
commercial zone established under the Town's Comprehensive
Zoning By-law 84-63 .
3 . REQUIRED ZONING AMENDMENTS:
In order to prohibit video arcades or similar uses, the
following changes to the Town's Comprehensive Zoning By-law
84-63 would be required.
3 . 1 Section 2 - "Definition"
"Place of Entertainment shall mean a motion picture or other
. . .3
3 [
REPORT NO. : PD- 5 -90 PAGE 3
theatre, arcade, auditorium, public hall, billiard hall,
bowling alley, ice or roller skating rink, dance hall
or music hall, museum, gallery and library, but for the
purposes of this By-law does not include any other use or
activity otherwise defined or classified in this By-law. "
The required change is:
Delete the word "arcade" .
3 .2 Section 2 - "Definition"
Zoning By-law 84-63 currently does not contain a definition
of an arcade.
Proposed new definition of Arcade is:
"Arcade shall mean a commercial establishment within which
coin-operated pinball machines, machines displaying video
games and any other electronically or mechanically coin-
operated entertainment machines are provided for entertainment
purposes to the patrons of the establishment. "
3. 3 Section 3 - "Accessory Buildings, Uses and Structures"
A new subsection to be added to permit a maximum of three (3)
coin-operated pinball or video machines or other
electronically or mechanically coin-operated entertainment
machines as accessory uses within a Commercial zone.
4 . AGENCY COMMENTS:
The application for a proposed zoning by-law amendment was
circulated to various agencies by the Town of Newcastle
Planning and Development Department. The following provides
a synopsis of the agency comments received to date.
. . .4
5 53
REPORT NO. : PD- 5 -90 PAGE 4
4 . 1 The Orono D.B. I.A. has reviewed the proposed zoning by-law
amendment and has requested that information regarding the
effect of the proposed zoning by-law amendment on existing
video/pinball arcades . Subsequently, Staff provided the Orono
D.B.I .A. with an explanation of the Purpose and Effect of the
proposed zoning by-law amendment.
4 .2 The only other circulated agency which has provided comments
regarding the proposed zoning by-law amendment was the Town
of Newcastle Community Services Department which had no
objection to the proposed amendment. The Bowmanville B. I.A. ,
the Newcastle Village B. I .A. and the Regional Planning
Department have all yet to respond to the circulation.
5. STAFF COMMENTS:
5 . 1 The proposed by-law changes would have the effect of
prohibiting video arcades or arcades containing similar
machines in the Town of Newcastle. However, a maximum of
three (3) video/pinball machines or similar machines would be
permitted as accessory uses within any commercial zone. Staff
is of the opinion that this provision will not create any
hardship to existing or proposed commercial establishments.
5.2 The proposed by-law amendments would not prohibit any
individual homeowner from keeping video/pinball machines or
similar machines within their residence for personal use
provided that the video/pinball machines or similar machines
are not used for financial gain or profit. An existing
establishment that does not conform to the proposed by-law
amendments upon enactment would be considered as legal non-
conforming uses and would be regulated by the applicable
sections of the Planning Act.
. . .5
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REPORT NO. : PD- 5 -90 PAGE 5
5 . 3 As the purpose of this report is to address the requirements
of a Public Meeting under the Planning Act and in
consideration of comments outstanding, the Planning and
Development Department recommends that the application be
referred back to Staff for further processing.
Respectfully submitted, Recommended for presentation
to the Committee
^.44, � UZ4___.
Franklin Wu, M.C. I.P. �7wrence E. o eff, M.C. I.P.
Director of Planning Chief Administrative Officer
and Development
WM*FW*jip
21 December 1989
INTERESTED PARTIES TO BE NOTIFIED OF COMMITTEE AND COUNCIL'S
DECISION:
Mr. Garth Gilpin
Bowmanville B.I .A.
P.O. Box 365
BOWMANVILLE, Ontario
L1C 3L1
Dr. Johannes Baarbe
Newcastle B. I .A.
P.O. Box 548
NEWCASTLE, Ontario
LOA 1H0
Ms. Susan Sawyer
Orono B. I.A.
Box 309
ORONO, Ontario
LOB 1M0
535