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
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*Attach A
28 May 1990
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