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HomeMy WebLinkAboutPD-194-90 ~"°`""°y TOWN OF NEWCASTLE s . = REPORT File # ZONING Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, June 4, 1990 REPORT #: PD-194-90 FILE #: DEV 90-048 SLBJE CT: PROPOSED AMENDMENT TO THE COMPREHENSIVE ZONING BY-LAW WITH RESPECT TO THE PROVISION OF PARKING FOR RESIDENTIAL USES WITHIN THE GENERAL COMMRCIAL-SPECIAL EXCEPTION (Cl-1) ZONE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-194-90 be received; 2 . THAT Staff be authorized to advertise in local newspapers to advise the general public of the date and time of a public meeting to be held in relation to the proposed zoning by-law amendment. 1 . APPLICATION DETAILS 1 . 1 Applicant: Corporation of the Town of Newcastle 1 .2 Rezoning: Amendment to the text of the Town of Newcastle Comprehensive Zoning By-law 84-63 with respect to the provision of parking spaces for residential uses within the General Commercial - Special- Exception (C1-1) zone. 1 . 3 Subject Site: General Commercial - Special Exception (C1-1) zoned property within the Town of Newcastle as shown on the attached sketch. REPORT NO. : PD-194-90 PAGE 2 2 . EXISTING BY-LAW PROVISIONS 2 . 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-63 property zoned General Commercial - Special Exception (Cl-1) is exempt from the provisions of the By-law with respect to parking spaces and loading spaces . Upon review of By-law 84-63, the Planning and Development Department determined that the exemption from the parking requirements could be interpreted as to apply to the residential uses as well as the non-residential uses listed in Section 16 . 1 of By-law 84-63. Staff are of the opinion that it was the intent of the By-law to exempt only the commercial uses from the parking and loading space requirements in order to avoid placing a hard ship on existing commercial operations in the downtown core. 2 .2 However, under the current provisions of By-law 84-63, existing commercial uses could expand and construct additional residential units without providing the number of parking spaces required by Section 3 . 14 of By-law 84-63 . Staff are of the opinion that the establishment of residential units without the provision of adequate parking is inappropriate and beyond the intent of the specific regulations of the General Commercial - Special Exception (Cl-1) zone. 3. REQUIRED ZONING AMENDMENTS 3. 1 In order to require the provision of parking spaces for residential use the following change to the Town's Comprehensive Zoning By- law 84-63 is required: 3 .2 Section 16 .5 . 1: General Commercial Exception (Cl-1) zone - "Notwithstanding the parking and loading space requirements set out in Section 3 of this By-law, those lands zoned C1-1 on the Schedules to this By-law shall be exempted from parking and loading space requirements" . The proposed change would include the following provision within Section 16 .5 . 1 as follows: X41 . . . .3 REPORT NO. : PD-194-90 PAGE 3 "For the purpose of interpretation, residential uses, as listed in Section 16 . 1 (a) (ii) within the C1-1 zone, shall not be interpreted as to be exempt from the parking provisions of this By-law. " 4 . STAFF COMMENTS 4 . 1 The proposed By-law amendment would have the effect of requiring the provision of parking spaces for residential uses within the General Commercial - Special Exception (Cl-1) zone. Existing residential units that do not comply with the proposed amendment upon enactment would be considered as legal non-complying uses and would be regulated by Section 3.5 (e) of By-law 84-63. As a result, Staff are of the opinion that the proposed By-law would not create a hardship to existing residential units within the General Commercial - Special Exception (C1-1) zone. 4 .2 Prior to the Town Council passing an amendment to the Comprehensive Zoning By-law in order to incorporate any change, the Planning Act requires the Municipality to hold a Public Meeting and further requires that notice be provided to the area residents . 4 . 3 The proposed amendment applies to the General Commercial - Special Exception (C1-1) zone which encompasses a large portion of the downtown core of the former Town of Bowmanville. Therefore, Staff recommend that notice be provided by prepaid first class mail to every property owner within the C1-1 zone. In order to satisfy the requirements of the Planning Act, Staff further recommend that notice be placed in local newspapers and are requesting authorization to proceed. Respectfully submitted, Recommended for presentation to th Committee , Franklin Wu, M.C. I .P. Lawrence Director of Planning Chief A ifKotseff strative and Development Officer WM*FW*cc *Attach A 28 May 1990 SUBJECT SITE LOT 13 LOT 12 LOT It LOT 10 CONCE ION TIRE T , UH)M1 �tijR 'Avg R 1 R4-1 I Z N cf �Q z U6ERTY i IPA CARLISLE ME. ! R ,p RF,^ ? ! Ci Rl ,? EP C> � cl, z AVE. I Aj c ( 0 cl 8 U 1 -5 RI � 4 O RNPk' 1 PRI , ` Nt JANE Rl I � � la < R_3 M2.1 0 50 *o zoo woo KAY MAP Dev. 90-048 54 4