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Home My WebLink AboutPD-308-90 V TOWN OF NEWCASTLE J 6 f', N: C1-1.GPA REPORT Fi ie # ► . i Res. # --- By-Law # 20 - /-7 (STING: General Purpose and Administration Committee DATE: Monday, October 22, 1990 REPORT #: PD-308-90 FILE #: DEV 90-048 &JBJECT: 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-308-90 be received; 2 . THAT the Town of Newcastle Comprehensive Zoning By-law 84-63, be amended, to require the provision of parking spaces for residential uses within the General Commercial - Special Exception (C1-1) zone. 3 . THAT the amending by-law attached hereto be forwarded to Council for approval; and 4 . THAT the interested parties listed in this report and any delegation be advised of Council's decision. 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 Land Affected: All properties zoned General Commercial - Special Exception (C1-1) in Bowmanville as shown on attached sketch. . . . .2 L� �76 REPORT NO. : PD-308-90 PAGE 2 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 a Public Meeting held on July 23, 1990 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 (Cl-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. The inquiries were being made in order to provide a clarification with respect to the purpose and effect of the proposed zoning by- law amendment. 2 . 3 In addition, at the Public Meeting held on July 23, 1990 Mr. Richard Lange appeared before the Committee with respect to the proposed by-law amendment and requested more detailed information. The Director of Planning and Development subsequently provided Mr. Lange with a clarification as to the purpose and effect of the proposed 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 (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 requirement 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 . . . .3 REPORT NO. : PD-308-90 PAGE 3 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 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 residential uses 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 contrary to good planning and the by-law should be amended accordingly. 4 . REQUIRED ZONE AMENDMENTS 4 . 1 In order to require the provision of parking spaces for residential uses, the following change to the Town's Comprehensive Zoning By-law 84-83 is required: Section 16 . 5. 1: General Commercial Exception (C1-1) zone: "Notwithstanding the parking and loading space requirements set out in Section 3 of this By-law, only the permitted commercial uses within those lands zoned Cl-1 on the Schedules to this By- law shall be exempted from parking and loading space requirements" . 5. AGENCY COMMENTS 5. 1 The proposed zoning by-law amendment was circulated by the Town of Newcastle Planning Department to the Durham Region Planning Department which has no objection to the proposal. 6 . STAFF COMMENTS 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 would be considered as legal non-complying uses and would be regulated by Section 3.5 (e) of By-law 84-63 . . . . .4 REPORT NO. : PD-308-90 PAGE 4 6 .2 Furthermore, should any existing residential units become damaged by forces beyond the control of the owner (ie: fire, flood) , Section 3 .5 (f) of By-law 84-63 would permit the reconstruction of those legal non-complying residential units which existed prior to the passing of this amending by-law. 7 . CONCLUSION 7 . 1 In consideration of the comments contained within this report, Staff would have no objection to the approval of the proposed zoning by-law amendment which would require the provision of parking spaces for residential uses within the General Commercial - Special Exception ( (C1-1) zone. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I .P. Lawrenc E. Kotseff Director of Planning Chief inistrative and Development Officer WM*FW*cc *Attach 10 October 1990 Interested parties to be notified of Council and Committee's decision: Mr. Garth Gilpin Bowmanville B. I .A. P.O. Box 365 BOWMANVILLE, Ont. L1C 3L1 Richard Lange 79 Soper Creek Drive BOWMANVILLE, Ont. L1C 4K6 SUBJECT SITE LOT 13 LOT 12 LOT I I LOT 10 �H)Mt WNC"f 10+i ST"f T R l EP tovER, AN C2 /mac �• 'pi Rip M bQ n L*EATT P"a.3 ,C� R1 R I EP C> AYE. + R/ ` cl O FT t n ct �E. �Ii 1 t N1C1 ci G{1ci u � g� w ' -5 RI z t � PRA 0 JAW R1 R`3 M2-1 o so goo zoo 100- KEY MAP D 90-048 � o DN: C1-1.BL 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 16.6.1 is hereby amended by deleting Section 16.6.1 in its entirety and replacing same with new Section 16.6.1 as follows: "Notwithstanding the parking and loading space requirements set out in Section 3 of this By-law, only the permitted commercial uses within those lands zoned C1.1 on the Schedules to this By-law shall be exempted from the parking and loading space requirements". 2. This By-law shall come into effect on the date of the 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 i