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HomeMy WebLinkAboutPD-49-85 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 APRIL 15, 1985 REPORT NO. : PD-49-85 SUBJECT: ZONING BY-LAW AMENDMENT - BY-LAW 84-63 "BED AND BREAKFAST ESTABLISHMENTS" "VACATION FARM ESTABLISHMENTS" RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-49-85 be received; and * 2. That the attached By-law amendment, amending Zoning By-law 84-63, as amended, to permit "Bed and Breakfast Establishments" and "Vacation Farm Establishments" within the Agricultural (A) and Agricultural Exception (A-1 ) Zones be considered. . . .2 d i IV �h) REPORT NO. : PD-49-85 Page 2 BACKGROUND AND COMMENT: Council at their February 25, 1985 meeting endorsed the following recommendation as contained within the Mayor's Report No. 3-85: "THAT this Report be received; and THAT the correspondence from Mrs. Ruth Cahais which is dated February 23, 1985, be received and referred to the Director of Planning with a request that he bring forward the necessary amendments to the Zoning By-law; and THAT the Director of Planning be authorized to undertake any required Public Notices." Pursuant to Council 's direction, a public notice was prepared by Staff advertising the General Purpose and Administration Committee's meeting of April 15, 1985, at which time the amendments would be given consideration. Staff note for the Committee's information that the Public Notices were prepared and in keeping with the intent and requirements of the Planning Act; thirty day prior notice of said meeting. In considering the use as directed, Staff has expanded same to * include the establishment of "Vacation Farms". The attached by-law amendment would permit the operating of either use within an "Agricultural (A) or Agricultural Exception (A-1 )" zone, noting that both are secondary to the principle use. It is Staff's opinion that a "Bed and Breakfast Establishment" , broadly interpreted, provides a service similar to that of a "Motel" or "Hotel" as defined within By-law 84-63 . . . ."cater to the needs of the travelling public by furnishing sleeping accommodations with or without facilities for the preparation and serving of meals. . . .". . . .3 i rb) REPORT NO. : PD-49-85 Page 3 A Bed and Breakfast Establishment has been defined, by the Ontario Vacation Farm Association as an establishment "where visitors arrive in the evening, sleep overnight, enjoy a pleasant breakfast and leave in the morning". A Motel or Hotel operation is considered a principle use and as such, is permitted within Zoning categories within By-law 84-63 which would be in conformity with the Regional and local (where applicable) Official Plans. Accordingly, the proposed by-law amendments attached hereto would permit the establishment of either a "Bed and Breakfast/Farm Vacation" use, being secondary in nature, in the rural areas of the Town of Newcastle (A) and (A-1 ) zones. Parking requirements to serve said uses have been incorporated within the proposed zoning by-law amendments. With respect to the number of "accommodation units" permissible, in consideration of the nature of each use being secondary to the principle use, and the definition of Motel/Hotel in By-law 84-63 - whereby a Motel/Hotel is "three or more accommodation units", the proposed amendment limits the number to three (3), thereby helping to justify the secondary nature of the use within the residence in question. Staff would note that any such use would require the approvals of the Town of Newcastle Building Department and the Town of Newcastle Fire Department with respect to the Ontario Building Code requirements and fire prevention methods proposed within said residences. . . .4 REPORT NO. : PD-49-85 Page 4 Lastly, Staff would note that the Regional Planning Department has confirmed that, in their opinion, such use(s) would be permissible and in conformity with the applicable provisions in the Regional Official Plan as home occupations accessory to the principle, farming or residential components. This opinion is shared by Town Staff and we note that, to be considered a home occupation, the use must be subordinate to the principle use and must be located within a dwelling. Staff are satisfied the proposed uses can be considered as home occupations * and have prepared the attached by-law accordingly. Respectful itted, T.T. Edwards, M.C.I.P. Director of Planning LDT*TTE*jip *Attach. March 14, 1985 THE CORPORATION OF THE TOWN OF NEWCASTLE Cb) BY-LAW 85- A14 being a By-law to amend By-law 84-63, Comprehensive Zoning By-law of 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 By-law 84-63 is hereby amended as follows: 1) Section 2 "Definitions" is hereby amended by adding thereto the following definition immediately following the definition of "AUDITORIUM": "BED AND BREAKFAST ESTABLISHMENT Shall mean a dwelling or portion thereof consisting of not more than three (3) guestrooms in which the proprietor resides and which caters to the needs of the travelling public by furnishing temporary sleeping accommodations and which may or may not provide meals as an accessory use within the dwelling, but shall not include a boarding or rooming house, a licensed premise or a activity otherwise defined herein." 2) Section 2 "Definitions" is hereby amended by adding thereto the following definition immediately following the definition of "USE": "VACATION FARM ESTABLISHMENT Shall mean a building or portion thereof, on a farm, consisting of not more than three (3) guest rooms, in which the proprietor resides and which caters to the needs of the travelling public by furnishing temporary sleeping accommodations and which may or may not provide meals as an accessory use within the dwelling, but shall not include a boarding or rooming house, a licensed premises, or activity otherwise defined herein." 3) Section 2 "Definitions" is hereby amended by adding to the definition of "GUEST ROOM" the words "Bed and Breakfast Establishment and Vacation Farm Establishment" following the word "motor hotel" in the 2nd line. 4) Section 2 "Definitions" is hereby amended by adding to the definition of "HOME OCCUPATION" the following sentence: "For the purposes of this By-law a "Bed and Breakfast or Vacation Farm Establishment" shall only be deemed to be a Home Occupation Use in the Agriculture (A) Zone or the Agricultural Exception (A-1) Zone." 5) Section 3.10d) is hereby amended by adding the words "except in the case of a "Bed and Breakfast or Vacation Farm Establishment" after the word "use" in the third line. 6) Section 3.14 (a) "Parking Space Requirement Table" is hereby amended by adding the following: "Bed and Breakfast Establishment one parking space per Vacation Farm Establishment guest room" I 2 7) This By-law shall come into effect on the date of passing hereof subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1985 BY-LAW read a second time this day of 1985 BY-LAW read a third time and finally passed this day of 1985. MAYOR CLERK I