HomeMy WebLinkAboutPD-236-90 j, "'°"""'Y ,_) TOWN OF NEWCASTLE
NING.GPA
REPORT File
Res. #
By-Law #
PUBLIC MEETING
METING. General Purpose and Administration Committee
DATE: July 23, 1990
REPORT #: PD-236-90 FILE #: Dev 90-048
� �: PROPOSED AMENDMENT TO THE COMPREHENSIVE ZONING BY-LAW WITH
RESPECT TO THE PROVISION OF PARKING FOR RESIDENTIAL USES
WITHIN THE GENERAL COMMERCIAL-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-236-89 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. 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.
I �
REPORT NO. : PD-236-90 PAGE 2
1.3 Subject Site: General Commerical-Special Exception (Cl-
1) zoned property within the Town of
Newcastle as shown on the attached sketch.
2. BACKGROUND
2 . 1 On June 11, 1990, the Council of the Corporation of the Town
of Newcastle approved Resolution GPA-426-90 which 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 Amendment. A public notice
advising the general public of the date and time of the Public
Meeting appeared in the Bowmanville Statesman. In addition,
notice of the Public Meeting was provided by prepaid first
class mail to every property owner within the General
Commercial-Special Exception (C1-1) zone.
2 .2 As a result of the public notification process, the Planning
and Development Department has received numerous telephone and
counter inquiries with respect to the proposed zoning by-law
amendment.
3. EXISTING BY-LAW PROVISIONS
3. 1 Within the Town of Newcastle Comprehensive Zoning By-law 84-
63 property zoned General Commercial-Special Exception (C1-
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 .
Staf f are of the opinion that it was the intent of the By-
law to exempt only the commercial uses from the parking and
'16
REPORT NO. : PD-236-90 PAGE 3
loading space requirements in order to avoid placing a
hardship on existing commercial operations in the downtown
core.
3.2 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 (C1-1) zone.
4. REQUIRED ZONING AMENDMENTS
4 . 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:
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" .
"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" .
5. AGENCY COMMENTS
5. 1 The application for a proposed zoning by-law amendment was
circulated to the Durham Regional Planning Department and the
REPORT NO. : PD-236-90 PAGE 4
Bowmanville B. I .A. However, since the proposed amendment was
only recently circulated, neither of the aforementioned
agencies have responded as yet.
6. STAFF COMONTS
6 . 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 (C1-1) 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.
6 .2 As the purpose of this report is to address the requirements
of the Planning Act with respect to a Public Meeting 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
et
Franklin Wu, M.C. I .P. Lawrenc Kotseff
Director of Planning Chief inistrative
and Development Officer
JB*FW*df
*Attach
12 July 1990
REPORT NO. : PD-236-90 PAGE 5
Interested parties to be notified of Council and Committee's
decision:
Mr. Garth Gilpin
Bowmanville B. I .A.
P.O. Box 365,
Bowmanville, Ontario.
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