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Home My WebLink AboutPD-116-90 TOWN OF NEWCASTLE J IDEO.GPA REPORT V Res. # By-Law # Q METING: General Purpose and Administration Committee DATE: April 2, 1990 REPORT #: PD- 116-90 FILE #: SU&JECT. 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- 11C 90 be received; 2 . THAT the application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, to prohibit video arcades or similar uses, be approved; 3 . THAT the amending by-law attached hereto be forwarded to Council for approval; and 4 . THAT a copy of Committee and Council's decision be forwarded to the interested parties attached hereto. 1. APPLICATION DETAILS 1. 1 Applicant: Corporation of the Town of Newcastle 1.2 Rezoning: Amendment to the definitions and text of the Town of Newcastle Comprehensive Zoning By-law with respect to arcades and/or similar uses . f rw� 7 ..7 .; REPORT NO. : PD-116 -90 PAGE 2 2. BACKGROUND 2 . 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 in order to prohibit video arcades and/or similar uses within the Town of Newcastle. 2 .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 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 . The Public Meeting with respect to the application was held on January 8, 1990 . No submissions were received and no residents spoke in support of or in opposition to the proposed by-law. 3. EXISTING BY-LAW PROVISIONS 3 . 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 . rk REPORT NO. : PD- 1 1 C,-90 PAGE 3 4. 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. 4 . 1 Section 2 - "Definition" "Place of Entertainment shall mean a motion picture or other 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" . 4 .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" . 4 . 3 Section 3 - "Accessory Buildings, Uses and Structures" A new subsection will be added to permit a maximum of three REPORT NO. : PD-116-90 PAGE 4 (3) coin-operated pinball or video machines or other electronically or mechanically coin-operated entertainment machines as accessory uses within a Commercial zone. 5. AGENCY COMMENTS 5. 1 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. 5 .2 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. 5. 3 The Durham Regional Planning Department has reviewed the application and offer no objection as the proposal is in conformity with both the Durham Regional Official Plan and the Town of Newcastle Official Plan. 5 .4 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. and the Newcastle Village B.I .A. have both yet to respond to the circulation. 6. STAFF COMMENTS 6 . 1 The proposed by-law changes would have the effect of REPORT NO. : PD- 11 a:90 PAGE 5 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. 6 .2 Furthermore, 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. 7. CONCLUSION 7 . 1 In consideration of the comments contained within this report, Staff would have no objection to the proposed zoning by-law amendment to prohibit video arcades and/or similar uses in the Town of Newcastle. Respectfully submitted, Recommended for presentation to the Committee i Fr lin Wu, M.C. I.P. Lawren a E. Kotseff Director of Planning Chief kyninistrative and Development Officer WM*FW*df *Attach 22 March 1990 J 9 REPORT NO. : PD- 11cr90 PAGE 6 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 1x0 Ms. Susan Sawyer Orono B. I .A. Box 309 Orono, Ontario. LOB 1M0 ) 4C1 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 90- being a By-law to amend By-law 84-63, the Comprehensive Zoning By- law for 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 2 "Definitions" of By-law 84-63, as amended, 'i,s hereby further amended by changing the following definition to read as follows: "Place of Entertainment shall mean a motion picture or other theatre, 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 or any other use or activity otherwise defined or classified in this By-law. " 2. Section 2 "Definitions" of By-law 84-63, as amended, is hereby further amended by adding the following definition to read as follows: "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. Section 3.1(a) of By-law 84-63 is hereby further amended by adding thereto the following new Section 3.1(a) (iii) : " (a) Permitted Uses (iii) 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. " ra 41 - 2 - 4 , This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. By-law read a first time this day of 1990. By-law read a second time this day of 1990. by-law read a third time and finally passed this day of 1990. MAYOR CLERK 1) 42