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HomeMy WebLinkAboutPD-105-84 GU.:�3s, . i 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 MAY 7, 1984 REPORT NO. : PD-105-84 SUBJECT: COMPREHENSIVE ZONING BY-LAW TOWN OF NEWCASTLE 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-105-84 be received; and 2. That the Comprehensive Zoning By-law for the E ,- Town of Newcastle, included as Attachment 1 to 'iJ 0 Report PD-105-84 be forwarded to Council for ��� f� uJ�'sr first reading ; and +� '�V�� 3. That Planning Staff proceed with : (i ) publication of the Comprehensive Zoning By-law as a supplement to local newspapers i, ��j (ii ) notice of public information sessions (iii ) notice of public meeting. 4. That Planning Staff prepare a further report in respect of the public input received during the public information sessions and public meetings for consideration by Council concurrent with consideration of the second and third readings `44 of the Comprehensive Zoning By-law. ��f 4� . . .2 i REPORT NO. : PO-105-84 Page 2 BACKGROUND AND COMMENT: In 1982, Town Planning Staff commenced preparation of a Comprehensive Zoning By-law which would replace the four existing outdated zoning by-laws currently in effect in the Town. The new By-law ws required due to the numerous inadequacies and anomalies contained within the existing by-law, and due to the responsibility of the Town to amend its by-laws to conform to the provisions of the Durham Regional Official Plan. The first draft of the By-law was submitted to the Town 's General Purpose and Administration Committee on September 13, 1982 and received for information. Since that time, the draft by-law has been circulated to numerous agencies for review and comment. This circulation process was concluded in early 1983 at which time Staff commenced a detailed scrutiny of all comments received in an effort to reconcile any issues which had been identified. In addition, Staff reviewed all pending rezoning files to ascertain the most appropriate means of dealing with same. This process concluded, a revised draft of the By-law was prepared. Summary of comments received and the means of * dealing with same are attached for the Committee' s information. It would now be appropriate to proceed with formal approval of the Comprehensive Zoning By-law. Staff propose the following procedure. . . .3 REPORT NO. : PO-105-84 Page 3 1) Formalize Council 's intent with respect to the By-law through first reading. 2) Publish the By-law as a supplement to local newspapers. 3) Hold a number of public information open house sessions at public locations in Bowmanville, Hampton & Newcastle Village, where Planning Staff can answer questions about the By-law (proposed sites Courtroom 2, Bowmanville or Bowmanville Mall , Hampton and Newcastle Village Community Halls) . 4) Hold a special evening meeting of the General Purpose and Administration Committee to consider public input to the By-law following a regular Committee meeting. Notice of this meeting would be provided through local papers in accordance with Provincial Regulations. 5) Report back to Committee and Council on public input. 6) Give second and third readings to By-law incorporating any amendments or modifications deemed appropriate by Council . 7) Forward By-law to Ontario Municipal Board for approval . The following represents a tenative time table for this process : i ) First reading of By-law May 14, 1984 ii ) Publication of Public Notices and By-law May 30, 1984 iii ) Public Information sessions June 5 - 8, 1984 iv) Public meeting of General Purpose and Administration Committee July 3, 1984 v) Supplementary Staff Report July 16, 1984 vi ) Second and Third Reading July 23, 1984 Staff note that this scheduling would allow final approval of the By-law prior to the August 1 , 1984 deadline established by the Planning Act, 1983. . . .4 REPORT NO. : PO-105-84 Page 4 If the Committee is in agreement with this procedure, it would be appropriate to approve the suggested recommendations . Respectful d, e,hi T.T. Edwards, M.C.I.P. Director of Planning TTE*j i p April 25, 1984 *Attach. ATTACHMENT NO. 2 TO REPORT PD-105-84 COMPREHENSIVE ZONING BY-LAW: SUMMARY OF CIRCULATION COMMENTS WITH PROPOSED 1. Source: The Peterborough-Victoria-Northumberland and Newcastle Separate School Board (a) Comment : Ministry of Education terminology refers to a "General Purpose Room", rather than a gymnasium, in elementary schools. Reply: Revised definition to reflect Ministry terminology. 2. Source: Durham Region Federation of Agriculture (a) Comment: The definition of auction room does not allow provisions for a livestock and/or machinery auction barn. Reply: Revised definition by removing the term "household". (b) Comment : Ask for the inclusion of floral and green- house production, as a farm activity, as it is in the Durham Region Official Plan. Reply: Revised definition by including "floral and greenhouse production" as a farm activity. (c) Comment: What is meant by a retail outlet of a tem- porary and seasonal nature when some are operated year-round? Reply: Revised definition by removing the word "temporary". (d) Comment: What happens to farms already in existence in the Environmental Protection Zone? Reply: These farms would be considered legally non- conforming and thus any additions, rebuilding etc, would require approval from the Committee of Adjustment. COMPREHENSIVE ZONING BY-LAW: SUMMARY OF CIRCULATION COMMENTS ITH PR P SED REVISION 3. Source: Ministry of Agriculture and Food - Foodland Protection Branch (a) Comment : Note that in the "Agricultural Zone - Special Exceptions", several of these are agricultur- ally related while others are not agriculturally related. Reply: This section recognizes the existing uses of those areas in the Agricultural Zone some have been changed to other zones to recognize nature of use. (b) Comment: Question the inclusion of A-12 in the Agri - cultural Zone due to its residential nature. Reply: Revised, to be zoned as "Mobile Home Park". (c) Comment: Considering the special separation regula- tions for commercial kennels, it would be advantageous to have all new non-farm development comply with the Agricultural Code of Practices. Reply: The use of special separation regulations is not necessary since any new non-farm develop- ment applications are open for comment by Ministry staff. However, Staff have included a 300 m. minimum separation from Agricultural uses not on the same lot. 4. Source: Ministry of Natural Resources - Lindsay District (a) Comment: In addition to the non-residential uses out- lined in this section , land uses such as public or private parks , golf courses , and other outdoor recreational activities may be permitted. Reply: Revised section as necessary. (b) Comment: Small scale temporary buildings and structures should be discouraged from the Environmental Protection Zone. i i COMPREHENSIVE ZONING BY-LAW: SUMMARY OF CIRCULATION Reply: Revised section by removing the word "permanent". (c) Comment: Recommend additional land to be zoned for Environmental Protection , being areas that are susceptible to flooding and erosion or "Natural Areas of Provincial Significance" . (NAPS) Reply: Revised schedules to show many, but not all , of these areas. (d) Comment: Express concern with the minimum lot area requirement of 40 hectares which could be restrictive to some non-farm land uses. Reply: This requirement is a reflection of the Town of Newcastle' s intent to prevent the fragmentation of farm land. (e) Comment : Revise the boundaries of M3 sites to correspond with the area under licence. Reply: Revised schedule as necessary. (f) Comment: The definition of a quarry should be revised to be consistent with the definition of a pit. Reply: Revised definition as necessary. (g) Comment: Revise the definition of wayside pit to in- clude a quarry. Reply: Revised definition as necessary. (h) Comment: Amend section to conform to the provisions of the Pits and Quarries Control Act by removing the words "pits" and "quarry", and COMPREHENSIVE ZONING BY-LAW: SUMMARY OF CIRCULATION COMMENTS WITH PROPOSED REVISIONS Comment : Increasing the setback to 90 metres from any property zoned Residential . Reply: Section amended as necessary and new section added to apply specifically to pits and quarries. (i ) Comment : Recommend that setbacks be measured from the edge of the road allowance, rather than the centreline, to ensure compliance with the 30 metre setback requirement of the Pits and Quarries Control Act. Reply: Street setbacks deleted. (j ) Comment: Recommend revision to this section to read, ". . .be used for a cement manufacturing plant." Reply: Revised as per recommendation. 5. Source: Central Lake Ontario Conservation Authority (a) Comment: Question the inclusion of farm buildings and agricultural operations in areas zoned for Environmental Protection and recommend a zoning category be utilized which reflects actual restrictions to development in the Environmental Protection Zone. Reply: No major objection to porposed manner of dealing with Environmental Protection Zones from either the Ministry of Natural Resources or Ganaraska Conservation Authority. (b) Comment : Ask for definition of an Environmental Pro- tection Zone. Reply: No definition is required since By-laws do not define zone classification. I COMPREHENSIVE ZONING BY-LAW: SUMMARY OF CIRCULATION COMMENTS WITH PROPOSED REVISI (c) Comment: Recommend additional lands to be included in the Environmental Protection Zone. Reply: Revised schedules to show many, but not all of these areas. (d) Comment: Request that it be specified in this section that the Environmental Protection Zone may not be exactly as indicated and that further consultation with a public authority having jurisdiction would be necessary to accurately delineate the area. Reply: No change since this would relegate an inter- pretive responsibility to a Third Party. 6. Source: Ganaraska Region Conservation Authority (a) Comment: Recommend the inclusion of a provision re- stricting development to areas beyond a point of 30 metres (100 feet) from the centreline of all water courses not zoned for Environmental Protection. Reply: Revised section as necessary. (b) Comment: Recommend all watercourses draining areas of less than a half square mile be zoned for Environmental Protection. Reply: No objections raised from C.L.O.C.A. or the Ministry of Natural Resources. (c) Comment: Recommend the inclusion of additional lands to the Environmental Protection Zone. Reply: Revised schedules to show many, but not all , of these areas. i I COMPREHENSIVE ZONING BY-LAW: SUMMARY OF CIRCULATION COMMENTS WITH PROPOSED REVISIONS 7. Source: Regional Municipality of Durham (a) Comment: Recommend that the use of one (1) agricul - tural zone be revised to reflect the rural designations in the Durham Regional Official Plan. Reply: Revised by adding a further Agricultural Zone to allow only thoses uses in the Agricultural Reserve designation of the Durham Regional Official Plan. Separate zone for Major Open Space Areas not provided. (b) Comment: Review the treatment of non-farm residential uses in the rural areas since the by-law does not recognize rural nodes or clusters of non-farm residential uses. Reply: Added a Rural Cluster (RC) Zone. (c) Comment: Review of this section required as it would permit the erection of a dwelling with private services on a lot of record within an urban area. Reply: The Town of Newcastle has requested an amend- ment to the Durham Region Official Plan to accommodate this section. (d) Comment: Suggest a repeal of all zoning by-laws, save By-laws 77-12 and 77-13. Reply: Section revised as necessary. (e) Comment: Review the allowed uses in the Neighbourhood Commercial Zone and include a maximum total floor area. Reply: Section revised to two (2) non-residential uses and includes a total maximum floor area. I I COMPREHENSIVE ZONING BY-LAW: SUMMARY OF CIRCULATION COMMENTS WITH PROPOSED REVISIUR7- (f) Comment : The Nuclear Waste Management Facility should reflect the provisions of Section 15.A.4 of the Durham Region Official Plan. Reply: Added a Holding (H) Zone in the general provisions. (g) Comment: Review zoning of undeveloped urban areas as Urban Residential Type 1 using the provision in 16.6.4 of the Durham Region Official Plan. Reply: Some to be added to the Holding Zone. 8. Source: Durham Regional Health Unit (a) Comment: Recommend several additional definitions. Reply: By-law revised as deemed necessary, but not all inclusions made due to jurisdictional considerations. 9. Source: Sims, Brady, McInerney Comment : Municipal officials must conduct themselves in accordance with the provisions of the new Zoning By-law pending its approval by the Ontario Municipal Board. All freestanding by-laws and amendments to old by-laws which are pending Ontario Municipal Board approval , should be incorporated into the new by-law. Reply: All pending by-laws have been incorporated. 10. Source: Replies from Ontario Hydro, Newcastle Northumberland Board of Education and the Ministry of ransportation an Communication offered no objections or comments.