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
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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.
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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
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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."
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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)
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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
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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)
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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."
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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)
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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
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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 :
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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
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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;
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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 .
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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.
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ROAD ALLOWANCE BETWEEN CONCESSION I & 2
APPENDIX A
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A-1 APPENDIX B
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