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HomeMy WebLinkAboutPD-145-82 1-1 yv--- 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 13, 1982 REPORT NO. : PD-145-82 SUBJECT: TOWN OF NEWCASTLE COMPREHENSIVE ZONING BY-LAW F 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-145-82 he received for information. t.. BACKGROUND: Pursuant to Section 16.6.1 of the Durham Regional Official Plan, following upon approval of said Plan, every zoning by-law then in effect in the planning area shall be amended forthwith by the area municipality to conform with the provisions of that Plan, pursuant to the requirements of the Regional Municipality of Durham Act. This requirement of the Regional Official Plan has never been complied with by the Town of Newcastle, save and except on those occasions when applications for amendments to the existing zoning by-laws were being considered by the Town. A�Iqh r i Report No: PD-145-82 . . ./2 For the most part, the existing zoning by-laws, which date back to as early as 1956, have remained in effect and in many instances contain zone provisions that are contrary to the intent of the Durham Regional Official Plan. Inasmuch as the existing by-laws of the former Township of Darlington, Township of Clarke, Town of Bowmanville and Newcastle Village contain many vastly different zone provisions and lists of permitted uses, zoning regulations within the Town of Newcastle can, for the most part, be considered inequitable and difficult to administer. In order to comply with the requirements of the Regional Official Plan, the Town has in the past made efforts to undertake the preparation of a comprehensive zoning by-law. For one reason or another, these actions were never followed through. However, as part of the 1982 approved Work Program for the Planning Department, a high priority was assigned to completion of this task. Work commenced during October of last year and has progressed to the point where staff have completed a first draft of a comprehensive restricted area (zoning) by-law for the Town of Newcastle. This draft document is not based directly on any of the historic zoning by-laws presently in force within the Town. However, staff have made every effort to respect the general intent of those by-laws insofar as they conform with the Durham Regional Official Plan. Staff have also made every effort to respect the intent of the various special provision By-laws which have been approved by Town Council since 1974. i Report No: PD-145-82 . . ./3 It is important to emphasise that this is a DRAFT document, and as a DRAFT it is important to recognize the need for additional review and public input. Details of how this will be achieved are described later in this Report. Objectives and Methodology In undertaking this project, staff identified two basic objectives. 1 . The primary objective was to create a zoning by-law which would implement the provisions of the Durham Regional Official Plan, as well as local planning policy as contained within the Urban Area Plans for Courtice, Bowmanville and Newcastle Village. 2. Secondly, it was intended that any new by-law provide consistent and equitable treatment of land uses across the Municipality so that development on a parcel of land zoned for a certain purpose would mean that, regardless of the location of that parcel , the zone provisions would always be the same. These two objectives formed the basis for preparation of the comprehensive document. As with any project of this magnitude, the initial effort of staff was directed towards the accumulation of detailed base information. Base maps were prepared primarily using assessment information. The identification of all non-farm, non-residential uses located within the Town was accomplished through a detailed review of the assessment rolls. This task provided an inventory which, once confirmed by site visits, presented a relatively clear picture of the type and range of existing uses and allowed staff to relate these uses to the policy contained in the Durham Regional Official Plan. i I i i i Report No: PD-145-82 . . ./4 In preparing zones to apply to the various properties, every effort was made to recognize legally existing uses and those uses which have been dealt with through approval of Special Provision By-laws since 1974. During the collection of basic information that led to the preparation of the standard zones, staff were also preparing the general provisions which would be applied regardless of zone definition. Staff reviewed many zoning by-laws from across the Province in order to arrive at general provisions that would be both effective in protecting the intent of the By-law and easily interpreted on a day to day basis. SUMMARY OF DRAFT BY-LAW General Provisions The general provisions contained in the draft by-law are highlighted as follows: - Regulations controlling the size, placement and use of accessory buildings; - Provisions for dwelling units below grade, which allows for the establishment of basement apartments in some areas; - Provisions in respect of the extension or enlargement of non-complying uses, or, uses which do not meet the zone regulations, yet are permitted uses by the zoning by-law. These provisions would eliminate the necessity of a minor variance, provided that the extension or enlargement complies in all other respects with the zone provisions. - As with the existing by-laws, provisions are included for relief from lot frontage and lot area requirements for lots which existed prior to the date of passing of the by-law. - Existing provisions relative to frontage upon improved public streets have been expanded upon and clarified to require all buildings and structures, with the exception of cottages in the agricultural zone, to be located on an improved public street, that is, a street which is assumed by the Municipality and maintained on a year-round basis. As a result, the status of a road may be changed through capital improvements only, without the need for a by-law amendment as was formerly the case with By-law 2111 , of the former Township of Darlington. I I Report No: PD-145-82 . . ./5 - The draft by-law provides detailed guidelines in respect of home occupations. Guidelines, I might add, which are much needed, given the increased rise of this type of use and the inadequacies of the existing zoning by-laws. - As with the existing zoning by--laws, parking and loading space requirements are spelled out, and public uses are permitted in all zones. Zoning Categories The draft by-law establishes sixteen zone categories, or basic zones, which can be modified to provide special regulations or special ranges of use where required. Unlike the existing by-laws, special provisions are related to a "parent" zone, and in most instances would be subject to the zone regulations of that zone, subject to a specified variance. The following is a brief summary of the zone provisions contained within the draft by-law. EP - Environmental Protection This zone has been applied to those areas where the conservation authorities have suggested that buildings should be prohibited. The areas affected reflect primarily flood-plains and hazard lands, as well as environmentally sensitive areas that have been identified through detailed studies. Both the Central Lake Ontario Conservation Authority and the Ganaraska Region Conservation Authority have provided input in the delineation of this zone. A - Agriculture This zoning classification has been applied to most of the rural areas, and more particularly, those areas designated as "Permanent Agricultural Reserve", "General Agricultural " and "Major Open Space" by the Durham Regional Official Plan. This zone would permit a range of farm type uses, as well as rural non-farm residential uses on lots which existed prior to the date of passing. This zone also allows for converted dwellings, i .e. apartments or duplexes within large farm houses in an attempt, on staff's part, to recognize trends to intensify residential use in this manner, while at the same time preserving the integrity of the basic farm unit. i i Report No: PO-145-82 . . .fig It should be emphasized at this point that the "A" zone imposes a very large minimum lot area, which is also intended to discourage fragmentation of agricultural land in conformity with the intent of the Durham Regional Official Plan. However, lots created by severance in conformity with the Plan, that is, retirement lots, lots for a member of a farmer's family and lots necessitated by farm consolidation, are permitted and in those instances, the zone provisions of the Hamlet Residential Zone would apply. HR - Hamlet Residential The Hamlet Residential Zone will be the basic residential zone for Hamlet areas. Where Hamlet Plans have been approved the zoning reflects this, otherwise the delineation of the Hamlet Residential Zone is based upon existing uses. ER - Estate Residential This Zone category recognizes existing or approved Estate Residential developments and contains a larger lot area and frontage requirement than the Hamlet Residential Zone, consistent with the policies of the Durham Regional Official Plan. SR - Shoreline Residential This Zone permits single detached and seasonal dwelling units, subject to somewhat less restrictive requirements than the HR or ER Zones, but has a very limited application. R1 - Residential This is the basic urban residential zone, which permits single family dwelling units subject to standard urban zone regulations and permits semi-detached dwelling units and townhouses which existed at the date of passing of the by-law. This Zone classification has been used in urban areas only, and requires full municipal servicing. R2 - Residential This Zone permits a broader range of higher density residential uses than does the Rl Zone and has been designated in the vicinity of central areas only. As with the R1 Zone, full municipal services are required. I Report No: PD-145-82 . . ./7 R3 - Residential This is the basic Zone classification for apartment uses, up to a maximum of eighty (80) units per hectare. This Zone has been applied only to site specific situations within the urban areas and is also subject to full municipal servicing. Cl - General Commercial This Zone classification has been used for central areas and permits a broad range of downtown commercial type uses, consistent with the Official Plan. Full municipal services are required, and in some areas, a parking exemption is provided, similar to that presently in effect within Bowmanvi l l e. NC - Neighbourhood Commercial This Zone classification has very limited application and is primarily used to recognize existing convenience stores within Residential areas. SPC - Special Purpose Commercial This Zone is based upon the Zone classification developed within the Courtice Urban Area and permits a range of uses that require larger parcels of land and are dependent upon vehicular traffic. It has also been used to recognize clusters or nodes both within and outside of urban areas and, through special exemptions, has been used to recognize scattered commercial development presently in existence. HC - Hamlet Commercial This Zone category permits a limited range of commercial uses which are consistent with the intent of the Official Plan and the various approved Hamlet Development Plans. It has been used primarily to recognize existing commercial uses within Hamlets and will serve as a basis for ensuring that future commercial development is consistent with the character of these areas. SSC - Service Station Commercial In accordance with the requirements of the Durham Regional Official Plan, a specific zone has been established to recognize existing service stations. I Report No: PD-145-82 . . ./8 M1 - Dry LighrIndustry This Zone category has been used for industrial areas that do not presently have municipal servicing. The range of uses permitted does not include industrial uses requiring sewage or water facilities. M2 - General Industrial This Zone category has been applied to those industrial designations where municipal services are available. M3 - Extractive Industrial This classification has been applied to existing aggregate extraction operations which are licenced under the Pits and Quarries Control Act. This Zone would not permit use of lands for asphalt mixing plants or concrete batching plants. Administration In addition to the normal general provisions and specific zone provisions identified by the draft by-law, a section on Administration has been included. A key point related to by-law implementation is a requirement that a Certificate of Occupancy be issued for any change in use. This would enable a review of a change in use to ensure compliance with the Zone provisions and various other licencing and regulatory by-laws within the municipality. Of particular importance would be a change in use from Residential to, say, Commercial . In such a case, an Occupancy Permit would not be issued unless all municipal requirements are complied with. At the present time, there is no such provision where lands are prezoned, and changes in use frequently occur without municipal sanction. i COMMENTS: It is suggested that the members of Council carefully review this draft document and direct any questions or comments they may have to this Department at their earliest possible opportunity. Report No: PD-145-82 . . .fig Following herefrom, the draft by-law will undergo a technical circulation to various departments and agencies which may have concerns relative to approval of the by-law. Following completion of this circulation, which we anticipate as being late October or early November, it is staff's intention to report back to Council to request authorization to advertise a series of public open houses at which members of the public may attend and review the i document and ask any questions relative to its implementation. At this point in time, public input in the form of written briefs and submissions, would also be invited. Following these two aspects of the by-law's development, staff would undertake a final review and revision of the by-law, as deemed necessary, bearing in mind comments which may be received, and shall submit a further Report to Committee and Council . Staff would anticipate recommending approval of the by-law at that time. Following such approval , the formal circulation and public notice procedures would come into play and, depending upon whether or not objections are received, a further Report may be presented to Committee and Council prior to the by-law being submitted to the Ontario Municipal Board for approval . I trust that the draft by-law will meet with Council 's approval , and would again like to request that any concerns or comments relative to this document be submitted for our consideration prior to the document being made available -for public review and input. Respect 1 fitted, T. Edwards, M.C.I .P. Director of Planning *mi c August 25, 1982 1