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HomeMy WebLinkAboutPD-5-90 TOWN OF NEWCASTLE t . ,,.PIDEO.GPA REPORT File # � ' Res. # �,. By-Law # -_ - — 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. . . .2 531 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 X34 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