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HomeMy WebLinkAboutPD-38-86 J�; " ""'� TOWN OF NEWCASTLE REPORT File # Go-35- � Res. # _ �. By-Law # MEETING: General Purpose and Administration Committee DATE: February 17, 1986 REPOT #: PD-38-86 FILE #: PLN 4.1 SUBJECT: TOWN OF NEWCASTLE COMPREHENSIVE ZONING BY-LAW OUR FILE: PLN 4.1 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-38-86 be received for information. BACKGROUND AND COMMENTS: In accordance with departmental procedure, Staff, during the past year, have been reviewing the Town' s Comprehensive Zoning By-law with respect to the need for further revisions and the continued relevance of same. In that regard, a number of amendments have been identified as desirable and in accordance with Committee Resolution #GPA-1045-84, Staff have initiated a Public Notice in respect of these proposed amendments and will be scheduling a Public Meeting for the General Purpose and Administration Committee meeting of March 17, 1986. A copy of the Public Notice which has been published * in the various newspapers having local circulation is attached hereto for the information of the Committee. A further report in respect of these amendments and a draft by-law will be submitted to the General Purpose and Administration Committee of March 17, 1986. espectf itted, T.T. Edwards, M.C.I .P. Director of Planning TTE*j i p *Attach. January 27, 1986 t Chi ATTACHMENT NO. 1 TO REPORT PD-38-86 REVISIONS TO BY-LAW 84-63 SECTION 2 - DEFINITIONS: Revision to the definition of "AUCTION ROOM" to include lands used for the purposes of auctions such as in the case of the Oshawa Auto Auction and open air livestock auctions carried on on a continuous basis in conjunction with an Auction Room. SECTION 3 - GENERAL PROVISIONS: SECTION 3.5(e) - Presently the wording of this section permits expansion and enlargement of non-complying buildings or structures which existed at the date of passing of the by-law. It is proposed to amend this section by also restricting such expansion and enlargements to non-complying buildings located on lots existing at the date of passing of the by-law. This is intended to prevent extension or enlargement of existing non-complying buildings onto lands purchased subsequent to the erection of the building or structure and after passage of By-law 84-63. In the absence of such an amendment, it would be possible to extend legally non-complying buildings indefinitely onto abutting lands if purchased by the property owner. This would be contrary to the original intent of the by-law. SECTION 3.14 - PARKING REGULATIONS: Various amendments are proposed to provide clarification as follows: SECTION 3.14(a) - Inclusion of a specification to prescribe minimum aisle widths for access to parking areas and to include within the parking space requirement table, parking specfications for auction rooms. SECTION 3.14(d) , Subsection 3 - Provide clarification with respect to setback of commercial parking areas in instances where a landscaped strip is not required pursuant to Section 3.15 of the by-law. SECTION 3.14(e) - Change references to increases in "residential buildings or structures" to read "residential units" to clarify the intent of this section which currently can be interpreted in such a manner that it would penalize persons wishing to expand residential buildings which may have previously not been subject to parking requirements. The intent of this section was to require parking spaces where an existing unit was being expanded to increase habitable floor area hence changing the parking requirements for that unit. SECTION 3.19(d) - This section currently provides relief from the setback requirements for non-farm residential buildings where agricultural buildings are located within the limits of a designated urban area. Staff are proposing to include agricultural buildings which are also located within the limits of a designated Hamlet. This revision would not alter the relationship of residential buildings to agricultural buildings located outside of the limits of a Hamlet. . . .2 Revisions to By-law 84-63 Page 2 SECTION 6.4.14 - Subsections (a) and (b) deal with separations from existing dwelling units and other commercial kennels. Inasmuch as the Ontario Municipal Board approved a revised Subsection (c) and inasmuch as this section deals with existing commercial kennels in the "Permanent Agricultural Reserve" area, Subsections (a) and (b) are deemed to be redundant. SECTION 12.2(d)iii ) - This section was amended by By-law 85-36 to include references to duplex dwellings. This amendment was inadvertently deleted by a subsequent amendment through By-law 85-51. SECTIONS 16.1(b) AND 16.3 - It is proposed to add a section dealing with the recognition of existing service stations located in the "Cl" zone, thus eliminating the need of specific service station zoning for existing service stations and allowing more flexibility for future use of these lands. SECTION 17.1(b) - In view of Council ' s recent decision to approve a site specific application for expanded "Convenience Commercial" facilities, Staff are proposing to expand the list of permitted uses in the "Neighbourhood Commercial " zone. We are also proposing to correct an error in the title of Section 17.5 and delete a duplication resultiang from the aforesaid revision. SECTION 18.4.2 - The word "schedule" in the last line should be corrected to read "section". SECTION 19.4.3 - Should be corrected to recognize other existing uses previously recognized by By-law 2111. SECTION 24.1(b) - Add "auction rooms" to the list of permitted uses recognizing existing situations across the Town. SECTION 26.3 - Requires amendment to clarify the intent of the by-law with respect to the interpretation of the "EP" zone boundaries where they coincide with flood lines. SCHEDULE 1 - Various boundary corrections are required to respect existing Official Plan designations and property boundaries, particularly the "Al" zone in Lots 12 to 16, 19 to 20 in Concessions 5 and 6, and Lot 17, Concession 4, the "RE-2" zone boundaries for the Rills of Liberty North, and the "M2" zone boundary in Lot 24, Concession 1. SCHEDULE 2 - Correction of the "Residential Cluster (RC)" boundary in Lot 9, Concession 4 (Clarke) . SCHEDULE 3 - Correction of the "Environmental Protection (EP)" zone boundary in Lot 9 and 10, Broken Front Concession (Bowmanville) . . . .3 Revisions to By-law 84-63 Page 3 SCHEDULE 5 - Removal of the "H" prefix on "Urban Residential Type One (Rl)" lands currently occupied by existing residential development and the Newcastle Public School . Changing the "(H)R1" zoning to an appropriate zone category to recognize the existing Newcastle Lumber commercial outlet (Newcastle Village) . SCHEDULE 7 - Correction of "Agriculture (A)" zone boundaries for Part of Lots 15, 16 and 19, Concession 5 (Hampton) . SCHEDULE 9 - Correction of "Agriculture (A)" zone boundaries for Part of Lot 19, Concession 7 (Enniskillen) . SCHEDULE 13 - Correction of the "C1-2" and "C6" boundaries in the vicinity of the intersection of Main and Mill Streets on the west side of Regional t Road No. 17 (Orono) . SCHEDULE 14 - Recognize by "Residential Hamlet (RH)" zoning the existing residential uses in Part Lot 33, Concession 8 and correct the "Agriculture (A)" zone boundaries for Part of Lot 31, Concession 7 (Leskard) . PUBLIC NOTICE CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC NOTICE TO ITS CITIZENS AMENDMENTS TO THE TOWN OF NEWCASTLE'S COMPREHENSIVE ZONING BY-LAW 84-63 Pursuant to Section 34(12) of the Planning Act and in accordance with Regulation 404/83, notice is hereby given of a Public Meeting to be held on Monday, March 17, 1986 in respect of proposed amendments to By-law 84-63, the Town of Newcastle' s Comprehensive Zoning By-law. The subject amendments are as follows: 1 . amend the definition of "Auction Room"; 2. provide further clarification with respect to expansion and enlargement of existing non-complying buildings as specified by Section 3.5(e) ; 3. amend the parking regulations contained in Section 3.14 to prescribe aisle widths, parking requirements for auction rooms, and clarify setbacks for commercial parking areas and increases to the floor space for existing residential units; 4. provide relief from the setback requirements of Section 3.19 (d) in respect of agricultural buildings located within hamlets; 5. amend Section 6.4.14 to delete redundant separation requirements contained in Subsections (a) and (b); 6. amend Section 12.2 (d) iii ) -to include reference to duplex dwellings; 7. amend Sections 16.1 (b) and 16.3 to provide zone provisions for existing motor vehicle service stations and fuel bars located within the General Commercial (Cl) Zone; 8. amend Section 17 to expand the range of uses permitted within the Neighbourhood Commercial (C2) Zone and eliminate a duplication of text; 9. correct a typographical error in Section 18.4.2; 10. correct an error in Section 19.4.3 in order to recognize existing uses previously permitted by Zoning By-law 2111; 11. amend Section 24.1 to add "auction room" as a permitted use in the General Industrial (M2) Zone; 12. amend Section 26.3 to clarify the intent of the by-law with respect to Environmental Protection (EP) Zone boundaries where they coincide with flood lines; . ..2 Public Notice p--� Page 2 13. amend Schedule 1 to reflect various boundary corrections with respect to the Agricultural (A) Zone in Part of Lots 12 to 16, 19 to 20, Concession 5 and 6, and Lot 17, Concession 4, as well as to correct the Residential Estate Exception RE-2 Zone boundaries for Part of Lot 11, Concession 3, and the General Industrial M2 Zone boundary in Part of Lot 24, Concession 1 (Darlington); 14. amend Schedule 2 to correct the Residential Cluster (RC) Zone boundary for Part of Lot 9, Concession 4 (Clarke) ; 15. amend Schedule 3 to correct the Environmental Protection (EP) Zone boundary in Part of Lots 9 and 10, Broken Front Concession (Bowmanville) ; 16. amend Schedule 5 to remove the (H) Holding prefix from lands currently occupied by existing residential development and the Newcastle Village Public School , as well as change from Holding - Urban Residential Type One "(Rl)" Zone to an appropriate Commercial zone, the zoning of the lands presently occupied by Newcastle Lumber; 17. amend Schedule 7 to correct the Agricultural (A) Zone boundaries for Part of Lots 15, 16 and 19, Concession 5 (Hampton) ; 18. amend Schedule 9 to correct the Agricultural (A) Zone boundary for Part of Lot 19, Concession 7 (Enniskillen) ; 19. amend Schedule 13 to correct the General Commercial Exception (C1-2) Zone boundary in the vicinity of the intersection of Main and Mill Streets on the west side of Regional Road No. 17 (Orono); 20. amend Schedule 14 to recognize existing "Residential Hamlet" development in Part of Lot 32, Concession 8 and correct the Agricultural (A) Zone boundary for Part of Lot 31, Concession 7 (Leskard) . Copies of the proposed by-law amendments, explanations and details of the properties affected may be obtained, during normal office hours, from the offices of the Planning and Development Department, Scugog Street, Hampton, Ontario. Further information may also be obtained by calling the Planning Department at 623-3379 EXT. 47 or 263-2231 . The Public Meeting required pursuant to Section 34(12) of the Planning Act will be held as follows: TIME: 9:30 a.m. PLACE: Courtroom #2 Bowmanville Courthouse 132 Church Street, Bowmanville DATE: Monday, March 17, 1986 Public Notice Page 3 This meeting shall be open to the public and any person who attends shall be afforded an opportunity to make representation in respect of the proposed amendments. T.T. Edwards, M.C. I .P. Director of Planning Hampton Municipal Offices HAMPTON, Ontario LOB 1JO Dated of Publication: February 12, 1986