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HomeMy WebLinkAboutPD-150-84 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 4, 1984 REPORT NO. : PD-150-84 i SUBJECT: COMPREHENSIVE ZONING BY-LAW 84-63 OUR FILE: PLN 4.1 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-150-84 be received; and 2. That By-law 84-63 be given second and third reading , subject to the incorporation of the revisions and modifications included as * Attachment No. 1 to this Staff Report. I . ..2 V REPORT NO. : PD-150-84 Page 2 BACKGROUND AND COMMENT: On July 16, 1984 the General Purpose and Administration Committee considered Staff Report PD-138-84 in respect of By-law 84-63. Said report contained recommended modifications to By-law 84-63 in response to the various submissions that have been received during the preparation of the Comprehensive Zoning By-law. Following therefrom, a number of further modifications have been identified, both through the continuing staff review of the by-law, Council 's consideration of rezoning applications, and further submissions made by members of the public. These modifications are identified on Attachment No. 1 to this staff report, and should be incorporated into By-law 84-63 prior to second and third reading. Staff further note that, inasmuch as a number of applications were submitted earlier this year and not formally dealt with by Council , but have been incorporated within the By-law, a refund of the application fee would be appropriate. In that respect, should Council concur, an appropriate resolution should be passed authorizing Staff to refund the zoning application fees in respect of the following applications : DEV 84-24, C. Skerratt DEV 83-37, George and Mary Fowler DEV 84-18, Melor Farms Limited Respe 1 mitted, T. . dwards, M.C. I.P. Director of Planning TTE*jip Attach. August 10, 1984 i i V . ��} ATTACHMENT NO. 1 TO STAFF REPORT PD-150-84 1 . EXPLANATORY NOTE - Add the following paragraph : "Where lands are shown in an EP or RS zone, or are located abutting lands so zoned, individuals having an interest in the use of such lands are advised to contact the Ministry of Natural Resources and/or the Conservation Authority having jurisdiction to ascertain what other regulations or requirements may be applicable respecting removal and placement of fill , flooding, erosion and wave upwash as circumstances may warrant". (This addition was requested by the Ministry of Natural Resources to make persons aware of overlapping jurisdictions) 2. Definition of Private Club, delete the words "a non-profit, non-commercial organization which includes". (The definition as presently proposed would prevent the establishment of private recreational or athletic clubs which were intended for profit making or commercial purposes.) 3. Add a new definition for STREET, PRIVATE to read as follows : "STREET, PRIVATE Shall mean a street or road other than an improved public street." (The inclusion of this definition acknowledges that there are existing private streets and that there will be future private streets included within developments such as Wilmot Creek and Bondhead Harbour Village.) 4. Section 3.7 Subsection (c) PRIVATE, RIGHT-OF-WAY, add the roman numeral (i ) prior to the existing paragraph and add a new second paragraph and number it roman numeral (ii ) as follows : "Notwithstanding the provisions of Subsection 3.7 (a) above, where a lot has been created prior to the date of passage of this By-law, which does not have frontage on an improved public street and such lot fronts on a private right-of-way registered on title and provides legal ingress and egress to an improved public street, the provisions of this by-law shall not apply to prevent the issuance of a building permit provided the use of such building or structure is permissible in the zone in which it is located, and that all other applicable provisions of this by-law are complied with." .. .2 I ATTACHMENT NO. 1 TO STAFF REPORT PD-150-84 Page 2 (This modification reflects the existance of a numerous land-locked parcels of land which, under existing by-laws , are entitled to building permits provided they have access to an improved public street by means of a private right-of-way.) 5. Add a new Subsection (d) to Section 3.7 as follows : "3.7(d) PRIVATE, STREET Notwithstanding the provisions of Subsection 3.7(a) above, the provisions of this by-law shall not apply to prevent the erection or use of a building on a lot which has frontage on a Private Street where such street existed at the date of passing of this by-law, or where such street is shown on a site plan approved pursuant to By-law 79-151 - of the Town of Newcastle, as amended , or any successor thereto". (The addition of this section will facilitate development on private streets which are included within site plan approvals or upon existing private streets where the Official Plan designation would permit infilling to occur.) 6. Section 3.9, HOLDING ZONE, revise by deleting the word "and" following the word "By-law" in the ninth line, inserting a comma in its place and adding the following words to the end of the paragraph: "and that agreements in respect of such matters and the associated financial requirements where required, have been executed with the Town of Newcastle and/or the Regional Municipality of Durham". (This addition has been requested by Regional Planning Staff to ensure that matters under Regional jurisdiction are given adequate consideration prior to removal of the (H) prefix) 7. Section 3.14(a) PARKING SPACE REQUIREMENTS, revise by adding the following words to the first paragraph: "Notwithstanding the foregoing, where parking spaces are proposed to be located in a location other than on the same lot as the use requiring such spaces , then such shall be located not more than 150 metres from the same lot, and shall be located within the same zone as the said lot". (This addition reflects a provision within By-law 79-44) . . .3 i i ATTACHMENT NO. 1 TO STAFF REPORT PD-150-84 Page 3 8. Section 3.14, PARKING SPACE REQUIREMENT TABLE, change the parking space requirement for Manufacturing, Processing, Assembly Fabricating Plant , Wholesale Establishment, or Warehouse to read as follows : "One parking space per 100 square metres of total floor area up to 2000 square metres, plus one additional parking space for every 500 square metres of total floor area over 2000 square metres. Notwithstanding the foregoing , a warehouse or storage use which employs less than 10 persons, shall provide one parking space per employee" . 9. Section 3.16, PUBLIC USES, add the words "any School Board" after the words "Town of Newcastle" in the fourth line. 10. Section 3.19, SETBACK REQUIREMENTS, revise as follows : "Notwithstanding any provision of this By-law to the contrary, the following minimum setbacks shall apply to the specified buildings and structures. a. All buildings from an Environmental Protection (EP) zone unless such building is located upon a lot located within a registered plan of subdivision or a plan of subdivision draft approved prior to the date of passing of this By-law 3 metres b. All buildings from watercourses not located within an Environmental Protection (EP) Zone 30 metres C. Agricultural buildings housing livestock from existing ? residential buildings not located v on the:same lot 300 metres d.'AWVVV �Pt esi�ential buildings from existing agricultural buildings, housing livestock and not located on the same lot 300 metres . . .4 ATTACHMENT NO. 1 TO STAFF REPORT PD-150-84 Page 4 e. Notwithstanding the foregoing the provisions of Subsection (d) shall not apply to residential buildings located on existing lots of record or lots within a registered plan of subdivision or plan of subdivision draft approved prior to the date of passing of this By-law. Nor shall they apply where an agricultural building housing livestock is located within the limits of the Urban Areas of Courtice, Bowmanville and Newcastle Village as designated by an approved Official Plan". (This change would eliminate a potential difficulty related to the compliance with the proposed setback in situations where lots have been approved previously through the subdivision process or are existing lots of record.) 11. Section 6.4 revised by adding the following new Subsection 6.4.18 "AGRICULTURAL EXCEPTION (A-18) ZONE Notwithstanding Section 6.1 , those lands zoned A-18 on the Schedules to this By-law, may only be used for a meat cutting and meat smoking operation subject to the zone regulations set out in Section 6.3 and the following special zone regulations : a. Frontyard (minimum) 45 metres b. Minimum setback from any residential building not located on the same lot 2.4 metres" (This change was considered as part of Staff Report PD-138-84, however the specific setback requirements were not included at that time. The requisite change to the by-law schedule will also be made.) 12. Section 6.4, add a new Subsection 6.4.19 as follows : "6.4.19 AGRICULTURAL EXCEPTION (A-19) ZONE Notwithstanding Section 6.1 , those lands zoned A-19 on the Schedules to this by-law may, in addition to those other uses permitted in the Agricultural (A) Zone, be used for a Pigeon Racing Club House and buildings and structures accessory thereto, subject to the following zone regulations : a. Lot Area (minimum) 0.40 hectares b. Lot Frontage (minimum) 50 metres" (this recognizes a recently approved By-law amendment) ...5 i i ATTACHMENT NO. 1 TO STAFF REPORT PD-150-84 Page 5 13. Sections 8.3.3 and 8.3.4, Subsection ii ) should both be revised by adding the following words after the minimum Lot Frontage: "Where the lot lines are not parallel , the lot frontage shall be the distance between the side lot lines measured on a line 30 metres back from the front lot line and parallel to it". 14. Section 8.3.4 RESIDENTIAL ESTATE EXCEPTION (RE-4) ZONE, change Lot Area from "3200 square metres" to "2940 square metres" to correct a discrepancy between the existing zone and the Registered Plan. 15. Section 9.3, add a new Subsection 9.3.10 RESIDENTIAL HAMLET EXCEPTION (RH-10) ZONE: "9.3.10 RESIDENTIAL HAMLET EXCEPTION (RH-10) ZONE Notwithstanding Section 9.2, those lands zoned RH-10 on the Schedules to this By-law shall be subject to the following zone regulation : a. Lot Area (minimum) 1850 square metres" 16. Section 11 .3.1 (b) (iii ) , delete this subsection in its entirety. (This deletion was suggested by Ministry of Natural Resources as being redundant) 4u) 17. Section 11 .3.2(b) (1.44) , change the words "Ministry of Natural Resources", to "Town of Newcastle". (This change was suggested by Ministry of Natural Resources and is complemented by the addition to the "Explanatory Note") 18. Sections 12.3, 13.3 and 14.5 revise by adding new Subsection (d) as follows : "d. Subsection (a) above does not apply to prevent the erection of a dwelling on a lot or block within a registered plan of subdivision provided that a subdivision agreement with the Town has been registered on title and further provided that such subdivision agreement includes appropriate provisions in respect of the servicing of such lot or block." . . .6 ATTACHMENT NO. 1 TO STAFF REPORT PD-150-84 Page 6 19. Sections 7.2(g) , 8.2(g) , 9.2(g) , 11 .2(g) , 12.2(h) , 13.2(g) , 14.2(g) and 14.3 (g) should be revised by changing : Building Height (maximum) to read: "10.5 metres" (Preceding two (2) changes reflect comments received from the building and development industry relative to residential development in general ) . 20. Section 12.3(c) MUNICIPAL SERVICING REQUIREMENT, revise by adding the following after the word "services" in the sixth line: "provided a servicing agreement has been executed with the Regional Municipality of Durham". (The rationale for this change is the same as applied in Section 3.9 and reflects the Regional Official Plan as amended) 21. Section 12.4, add the following new Section 12.4.14 as follows : "12.4.14 URBAN RESIDENTIAL EXCEPTION (R1 -14) ZONE Notwithstanding Section 12.1 , those lands zoned R1-14 on the Schedules to this By-law may only be used for the purposes of a public park and an Agricultural fairground subject to the following zone regulations : a. Lot Frontage (minimum) 30 metres b. Lot Area (minimum) 4000 square metres C, Yard Requirements (minimum) i ) Front Yard 15 metres ii ) Interior Side Yard 7.5 metres iii ) Exterior Side Yard 15 metres iv) Rear Yard 7.5 metres d. Lot Coverage (maximum) 10 percent e. Building Height (maximum) 12.0 metres" (This revision reflects the existing uses of the lands) . . .7 i ATTACHMENT NO. 1 TO STAFF REPORT PD-150-84 Page 7 22. Section 13.4 should be revised by adding the following new Subsection 13.4.2 as follows : "13.4.2 URBAN RESIDENTIAL EXCEPTION (R2-2) ZONE Notwithstanding Section 13.1 and 13.2, those lands zoned R2-2 on the Schedules to this By-law may only be used in accordance with the following zone regulations : (i ) PERMITTED USES a. a single detached dwelling b. a semi -detached dwelling c. a home occupation use in accordance with the provisions of Section 3.10 of this By-law, save and except the retail sale of antiques , arts, crafts, or hobby items. (ii ) REGULATIONS FOR RESIDENTIAL USES a. Lot Area (minimum) i ) single detached dwelling 370 square metres ii ) semi-detached dwelling 460 square metres b. Lot Frontage (minimum) Interior Lot i ) single detached dwelling 12 metres ii ) semi-detached dwelling 18 metres c. Lot Frontage (minimum) Exterior Lot i ) single detached dwelling 15 metres ii ) semi-detached dwelling 21 metres d. Yard Requirements (minimum) i ) Front Yard 6 metres ii) Exterior Side Yard 6 metres iii ) Interior Side Yard - with an attached garage or carport 1 .2 metres - without an attached garage or carport 4.5 metres on one side, 1 .2 metres on the other iv) Rear Yard 7.5 metres . ..8 ATTACHMENT NO. 1 TO STAFF REPORT PD-150-84 Page 8 e. Dwelling Unit Area (minimum) i ) single detached dwelling 88 square metres ii ) semi-detached dwelling 83.5 square metres f. Lot Coverage (maximum) i ) single detached dwelling 40 percent ii ) semi-detached dwelling 45 percent g. Landscaped Open Space (minimum) 30 percent h. Building Height (maximum) 10.5 metres i . Special Yard Regulations : Notwithstanding the interior sideyard requirements above, where a semi-detached dwelling is only connected at some point below finished grade, the minimum horizontal distance between the walls of such dwelling units above finished grade, shall be 1 .20 metres." (This revision reflects changes required to incorporate a previously approved zoning by-law.) 23. Section 14.6 should be amended by adding thereto, the following new Subsection 14.6.5 URBAN RESIDENTIAL EXCEPTION (R3-5) ZONE: "14.6.5 URBAN RESIDENTIAL EXCEPTION (R3-5) ZONE Notwithstanding the provisions of Section 14.1 and 14.4, those lands zoned R3-5 on the Schedules to this By-law may only be used in accordance with the following zone regulations : i ) PERMITTED USES a. a street townhouse dwelling b. a semi-detached dwelling c. a single detached dwelling ii ) REGULATIONS FOR RESIDENTIAL USES Single detached and semi-detached dwellings shall be subject to the zone regulations for such dwellings set out by Section 13.4.2 of this By-law for the R2-2 zone. Street Townhouse dwellings shall be subject to the following zone regulations : . . .9 ATTACHMENT NO. 1 TO STAFF REPORT PD-150-84 Page 9 a. Lot Area (minimum) i ) Interior Lot 167.0 square metres ii ) Exterior Lot 278.0 square metres b. Dwelling Unit Area (minimum) 83.0 square metres c. Building Height (maximum) 10.5 metres d. There shall be no more than ten (10) attached street townhouses in one continuous row" (The foregoing revision reflects a change necessary to incorporate a previously approved Zoning By-law.) 24. Section 14.6 should be revised by adding thereto the following new Subsection 14.6.6 URBAN RESIDENTIAL EXCEPTION (R3-6) ZONE: "14.6.6 URBAN RESIDENTIAL EXCEPTION (R3-6) ZONE Notwithstanding the provisions of Section 14.4, those lands zoned R3-6 on the Schedules to this By-law shall be subject to the following zone regulations : 14.6.6 URBAN RESIDENTIAL EXCEPTION (R3-6) ZONE (Cont'd) a. Dwelling Units (maximum) 4 link Townhouse Dwelling Units b. Lot Area (minimum) 2900 square metres c. Lot Frontage (minimum) 9.0 metres d. Frontyard Setback from any Rl Zone (minimum) 15.0 metres e. Interior Sideyard (minimum) 12.0 metres f. Rearyard (minimum) 15.0 metres g. Dwelling Unit Area (minimum) 110 square metres h. Building Height (maximum) 10.5 metres (i ) PARKING AREA REGULATIONS a. Minimum Off-street Parking Requirement 2 spaces per dwelling unit . . .10 ATTACHMENT NO. 1 TO STAFF REPORT PD-150-84 Page 10 b. Parking Area Surface Each parking area and driveway connecting the parking area with a street shall comply with the requirements of Section 3.14, Subsection (b) . c. i ) Ingress and egress to and from the required parking spaces and areas shall be provided by means of an unobstructed driveway or passageway having a clear width of 6.1 metres and constructed to a standard capable of supporting loads imposed by fire fighting equipment. ii ) The minimum distance between a parking area, space or a driveway in an abutting lot shall be 1 .5 metres. d. Parking areas shall be permitted only within the required side or front yard." (This revision reflects a recently approved Zoning By-law amendment.) 25. Section 2.1 .4.1 should be revised by the addition of the following words : "an eating establishment and a retail store" . (This revision is intended to reflect the full range of existing uses on this site.) 26. Section 23.3, add the following new Section 23.3.3: "23.3.3 LIGHT INDUSTRIAL EXCEPTION (Ml-3) ZONE Notwithstanding Section 23.1 , those lands zoned M1-3 on the Schedules to this By-law may only be used for the following uses : i ) a bank or financial office; ii) building supply and/or home improvement outlet within a wholly enclosed building or structure ; iii ) business or professional office provided such use is accessory and incidental to a permitted use otherwise specified herein ; iv) an eating establishment; v) an eating establishment take-out ; vi ) equipment sales and rental , light ; vii ) a commercial or technical school ; viii) a dry light industry within a wholly enclosed building or structure; .. .11 I ATTACHMENT NO. 1 TO STAFF REPORT PD-150-84 Page 11 ix) a work shop within a wholly enclosed building or structure; x) an assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; xi) a printing or publishing establishment ; xii ) a warehouse for the storage of goods and materials within a wholly enclosed building or structure; xiii) a factory outlet ; xiv) a retail sales and/or service establishment for motor vehicle equipment and accessories within a wholly enclosed building or structure; xv) adult entertainment parlour within an eating establishment or tavern ; xvi ) tavern ; and xvii) a private club." (This change was requested by Regional Staff to reflect uses permitted in an Industrial designation) 27. Section 27.2 should be deleted in its entirety along with the definition of Director of Planning, and all numbering of Section 27 adjusted accordingly. (Under the provisions of the Planning Act, a Certificate of Occupancy would be required to permit the change in use of any land covered by the Zoning By-law, but could not be refused if the proposed use is not prohibited by the By-law. Section 27.2 as written was intended to provide further control with respect to changes in use. However , given the wording of the Planning Act, Staff are of the opinion that it would be unenforceable, and should therefore be deleted.) 28. The Text and Schedules to the Zoning By-law shall be further modified to incorporate all Plans of Subdivision which received the approval of the Town of Newcastle prior to first reading of By-law 84-63. 29. The Text and Schedules to this Zoning By-law shall be further modified to incorporate all prior zoning amendments approved by Council . . . .12 I ATTACHMENT NO. 1 TO STAFF REPORT PD-150-84 Page 12 30. (i ) Revise Schedule 1 to recognize existing Thistle Park Tourist Camp by designating "A-11 ". Schedule 1 - Darlington: delete the (H)M1 zone from the Darlington Nuclear site and replace with A zone. (This change requested by Region and required for Official Plan conformity) (ii ) Schedule 2 - Clarke: change Zoned designations of lands shown on Appendix B to this Attachment from C4 to C6-4. (This reflects a change in use considered by Staff prior to By-law 84-63 being approved to permit redevelopment of the site for a service station) (iii ) Schedule 3 - Bowmanville: change the (H)C5 zone on the north side of Baseline Road west of Waverly Road to (H)M1-3. Schedule 3 - Bowmanville : i ) add an (H) Holding Prefix to the lands zoned R3 on the north side of Highway 2 east of Liberty between the R4 and R1 -3 zones. (This addition was request by Regional Staff to reflect their servicing interests) ii ) add an R3 zone designation to the lands shown on Appendix C hereto. (This reflects existing uses of these lands) Schedule 3 - Bowmanville: change the C5 zone on the west side of Duke Street south of Highway 401 to M2 for the existing industrial site and to A for the existing residential lots. (This change is required to ensure Official Plan conformity) (iv) Schedule 13 - Orono: change the zone designation of the Durham Agricultural Fairgrounds to Special Provision R1 -14. (v) Schedule 18 should be amended by extending the RH Zone on the north side of Highway No. 2, westerly into Lot 20 to include an existing single family dwelling presently located within the C4-4 Zone, and which was referenced by change number 15 and shown on Appendix A to this Attachment. U Z 0 a A-4 ( H)RH U U y qY C4 � s RH C3 (H ) RH 1 ROAD ALLOWANCE BETWEEN CONCESSION I & 2 APPENDIX A i LP / I - I fA RC i EP I a A I I A- C6 C6 C 4 Change to A-] - "C6-4" C4 EP A-7 C6 I � I C4 I A-1 A-] i I C4 I EP o� 2 i A-1 0 , EP� J Z I A-1 0 , I 1 — A � l 1 HwY ni° 2 �. '� EP A-1 APPENDIX B I