HomeMy WebLinkAbout03/01/2006 (Special)•
Clam n
Energizing Ontario
SPECIAL COUNCIL MEETING
DATE: WEDNESDAY, MARCH 1, 2006
TIME: 1:00 P.M.
PLACE: COUNCIL CHAMBERS
PRAYERS
ROLL CALL
DISCLOSURES OF PECUNIARY INTEREST
DELEGATIONS
a) Beth Kelly & Robert Hann, Halloway Holdings — Report PSD- 027 -06
b) Lyn Townsend, Lynda Townsend - Renaud Law — Report PSD -027 -06
c) Bryce Jordan, Sernas Associates — Report PSD- 027 -06
d) Brent Clarkson, MHBC Planning Limited — Report PSD -027 -06
e) Irwin Hamilton, Representative of Holburn Biomedical Corporation — Report
PSD- 027 -06
f) Stan Stein, Osler, Hoskin & Harcourt - Report PSD -027 -06
g) Ron Hooper, Bowmanville BIA — Report PSD- 027 -06
h) Valentine Lovekin, Newcastle BIA — Report PSD -027 -06
i) Gary Thertell, Orono BIA— Report PSD- 027 -06
j) Robert DeGasperis, West Diamond /Players Business — Report PSD -027 -06
k) Peter Smith, Bousefields - Report PSD - 027706
1) Mary Feehely, Walker Nott Dragecivic Associates.Limited - Report PSD -027 -06
CORPORATION OF THE MUNICIPALITY OF CLARI:NGTO
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 346 T (906) 623 -331
Council Agenda - 2 - February 27, 2006
m) Peter Walker, Walker Nott Dragecivic Associates Limited - Report PSD -027 -06
n) Steve Zakem, Aird & Berlis — Report PSD -027 -06
o) Scott Arbuckle, Planning & Engineering Initiatives Ltd. — Report PSD- 027 -06
p) Tenzin Gyaltsan, Newcastle IGA — Report PSD- 027 -06
q) Eugene Dupuis — Report PSD- 027 -06
r) Roslyn Houser, Goodmans — Report PSD- 027 -06
REPORTS
PSD- 027 -06 Commercial Policy Review, Bowmanville West Main Main Central
Area Secondary Plan Review — Amendments 43 and 44 to the Clarington.Official
Plan and Related Amendments to the Zoning By -law and Related Applications by:
1) West Diamond Properties Inc. /Players Business Park Ltd.
2) Halloway Holdings Limited
3) AYT Corporation
4) Loblaw Properties Ltd.
UNFINISHED BUSINESS
BY -LAWS
BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
REPORT
LeadiAg the Way
PLANNING SERVICES
Meeting: SPECIAL COUNCIL
Date: Wednesday, March 1, 2006
Report #: PSD- 027 -06 File #: COPA 2000 -003, COPA 2002 -002, By -law #:
COPA 2002- 009,COPA 2004 -007,
COPA 2005 -005, COPA 2005 -006,
ROPA 2004 -006, ZBA 2000 -020, ZBA 2002 -004,
ZBA 2002 -025, ZBA 2003 -043,
ZBA 2004 -055, ZBA 2005 -021,
PLN 38.4, PLN 38.4.1, PLN 38.4.2
Subject: COMMERCIAL POLICY REVIEW
BOWMANVILLE WEST MAIN CENTRAL AREA SECONDARY PLAN REVIEW
AMENDMENTS 43 AND 44 TO THE CLARINGTON OFFICIAL PLAN AND
RELATED AMENDMENTS TO THE ZONING BY -LAW AND
RELATED APPLICATIONS BY:
1) WEST DIAMOND PROPERTIES INC. / PLAYERS BUSINESS PARK LTD
2) HALLOWAY HOLDINGS LIMITED
3) AYT CORPORATION
4) LOBLAW PROPERTIES LTD.
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT the Commercial Policy Review — Final Report by Meridian Planning Consultants,
the Addendum Market Analysis and the Bowmanville West Main Central Area
Secondary Plan Review Report by Meridian Planning Consultants and Brook Mcllroy,
and Staff Report PSD-027 -06 be received;
2. THAT Council resolves that a further public meeting on Official Plan Amendment 43 and
44 is not necessary;
3. THAT Official Plan Amendment 43 to the Clarington Official Plan as contained in
Attachment 8 to Report PSD- 027 -06 BE ADOPTED and that the necessary by -law be
passed;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T (905)6233379 F (905A230830
REPORT NO.: PSD -027 -06 PAGE 2
4. THAT Official Plan Amendment 44 to the Clarington Official Plan as contained in
Attachment 9 to Report PSD -027 -06 BE ADOPTED and that the necessary by -law be
passed;
5. THAT the by -laws to amend Comprehensive Zoning By -law 84 -63 contained in
Attachments 10, 11, and 12 to implement portions of Official Plan Amendment Nos. 43
and 44 BE PASSED;
6. THAT Council resolve that the Concept Plan for Development contained in Attachment
2 prepared by Stantec Consulting Ltd. entitled "Proposed Metrus Commercial
Development" and the elevation drawings of the proposed Wal -Mart store prepared by
Petroff Partnership Architects, dated July 14, 2005 contained in Attachment 3 and the
proposed Loblaws Superstore prepared by Tumer Fleischer Architects Inc., dated
revised July 12, 2005, contained in Attachment 4, be endorsed in principle subject to the
submission and review of detailed plans and drawings under Section 41 of the Planning
Act;
7. THAT Council resolve that the Concept Plan for Development contained in Attachment
5 prepared by Sernas Assocaites and Turner Fleischer Architects Inc. dated January
2006 and the elevation drawings of the proposed Home Depot store prepared by Turner
Fleischer Architects Inc. dated revised January 3, 2006 contained in Attachment 6 be
endorsed in principle subject to the submission and review of detailed plans and
drawings under Section 41 of the Planning Act;
8. THAT the applications to amend the Clarington Official Plan (File No. COPA 2002 -009)
and to amend the Municipality's Zoning By -law 84-63 (File No. ZBA 2002 -026) as
submitted by Halloway Holdings Limited BE APPROVED to the extent that they are
consistent with Amendments 43 and 44 and the related zoning by -laws contained in
Report PSD -027 -06;
9. THAT the application to amend the Clarington Official Plan (File No. COPA 2002 -002)
and amend the Municipality's Zoning By -law 84-63 (File No. ZBA 2002 -004) as
submitted by West Diamond Properties Inc. and Players Business Park Limited BE
APPROVED to the extent that they are consistent with Amendments 43 and 44 and the
related zoning by -laws contained in Report PSD -027 -06;
10. THAT the applications submitted by Loblaw Properties Ltd. to amend the Clarington
Official Plan (File No. COPA 2000 -003) and to amend the Municipality's Zoning By-law
84 -63 (File No. ZBA 2000 -020) to expand the Clarington Centre to permit an additional
37,200 sq. ft. expansion to the existing supermarket BE REFUSED;
11. THAT the application submitted by Loblaw Properties Ltd. to amend the Municipality's
Zoning By -law 84 -63 (File No. ZBA 2003 -043) BE APPROVED to the extent that it is
consistent with the zoning by -laws to delete the requirement for a supermarket in the
Clarington Centre contained in Report PSD -027 -06;
REPORT NO.: PSD -027 -06
PAGE 3
12. THAT the applications submitted on behalf of AYT Corporation to amend the Clarington
Official Plan (COPA 2004 -007) and to amend the Municipality's Zoning By -law 84-63
(ZBA 2004 -055) to permit a large- format retail complex with approximately 54,215 sq.
m. of total gross floor area at the northwest corner of Highway 401 and Bennett Road
BE REFUSED;
13. THAT the Region of Durham be advised that the Municipality of Clarington does not
support the approval of the application submitted on behalf of AYT Corporation to
amend the Durham Regional Official Plan (ROPA 2004 -006);
14. THAT by -laws be passed to authorize the Mayor and Clerk to execute the Principles of
Understanding between the Municipality, Players Business Park Ltd. and West
Diamond Properties Inc. and 1613881 Ontario Inc., the Principles of Understanding
between the Viunicipality and Halloway Holdings Limited, the Stevens Road Extension
Agreement between the Municipality, Players Business Park Ltd., West Diamond
Properties Inc. and Halloway Holdings Limited and the Indemnity Agreement between
the parties just mentioned substantially in the form of the Principles of Understanding
and Agreements contained in Appendices 10 to 13 inclusive;
15. THAT Planning Staff be authorized to include in its 2007 work program a community
improvement plan study for Newcastle Village Centre;
16. THAT staff be authorized to bring a report forward to Council to implement provisions of
the Principles of Understanding between the Municipality and Halloway Holdings
Limited related to the Site Plan Agreement and Servicing Agreement referred to in
Section 11 of this report; and
17. THAT notice of Council's decision be forwarded to the Region of Durham and all
persons or bodies who requested notification of this decision.
Submitted by: X/1
Da4d rome, M.C.I.P., R.P.P.
Director of Planning Services
DJC *sn *df
24 February 2006
Reviewed by
Franklin Wu,
Chief Administrative Officer
REPORT NO.: PSO.Q27.Q6
PAGE 4
EXECUTIVE SUMMARY
The population projections for Clarington anticipates an increase from about 70,000 in 2001 to
91,000 by 2010, an increase of 21,000 people or 30% in just 10 years. It is anticipated that
Clarington will reach the 100,000 mark by 2016. People are attracted to Clarington because of
the small town and rural character, affordable prices, and the area's natural attributes, all of
this within the largest urban metropolitan area in Canada.
This additional growth represents both challenges and opportunities for the Municipality in
responding to growth pressures. However creating a sense of community goes beyond the
provision of municipal services. Residents need a place to shop and work. Additional retail
service facilities will complement the first class recreational amenities that have been built and
proposed in our com,.,unity.
Population growth in Clarington has not been unnoticed by the development industry. Within
recent years, we have received proposals to build additional retail space to serve Clarington's
growing population. In this context Council decided to review the Municipality's commercial
.policies. The Commercial Policy Review included detailed market, land use, transportation,
urban design and impact analysis. In particular, Council wanted to ensure the viability of
Clarington's historic downtowns and extensive public participation.
The Commercial Policy Review started in 2004 and included two major phases. First, the
Commercial Policy Review studied the whole Municipality to determine growth patterns and
any additional demand for commercial space that would be warranted by existing and future
population to the year 2010 and the appropriate locations for that growth. Revisions to the
Municipality's Official Plan were recommended. The second phase involved a detailed review
of the Secondary Plan for the Bowmanville West Town Centre, the preferred location of most
new retail growth.
During the process, Municipal staff and the consultants retained by the Municipality held open
houses, workshops, and special meetings with the Business Improvement Areas' Board of
Management. All the market analysis information and updates were shared with these groups.
Valuable information was gathered through the public participation process and is reflected in
the recommendation of this report.
The market analysts retained by the Municipality support the addition of approximately 500,000
sq. ft. of new retail space plus additional service space in the Bowmanville West Central Area.
PopUlation growth and recapture of expenditures are the basis for this conclusion. It is
important to highlight that Clarington residents expend more than $250 million in retail
purchases outside the community.
REPORT NO.: PSD-027-06
PAGE 5
In addition, the land use planners that were also retained by the Municipality recommended
that the existing commercial planned structure of the community be maintained with an
expansion of the Bowmanville West Town Centre and not to open up new areas for
commercial development. Another key conclusion was the need to integrate land use planning,
urban design and transportation to guarantee that the any new development would enhance
the community's image by requiring high-quality building and an efficient transportation
system. As a result, the existing Secondary plan for the West Main Central Area has been
reviewed and amended to incorporate the principle of integrating land use, urban design, and
transportation.
To implement the results of the Commercial Policy Review and accommodate the
recommended additional commercial space by the year 2010, staff recommends the following:
. Adoption of Amendments 43 and 44 to Clarington Official Plan. Amendment 43 largely
implements the Commercial Policy Review recommendations; it works in tandem with
Amendment 44, which specifically implements the recommendations for the Bowmanville
West Town Centre.
. Adoption of amendments to the Zoning By-law.
. The approval of the Official Plan Amendment applications and the Zoning By-law
amendment applications, to the extent that they are consistent with the above instruments,
submitted by:
o West Diamond Properties Inc.lPlayers Business Park Limited for 370,000 sq. ft. with
Wal-Mart and Loblaws Canadian Superstore as anchor tenants. .
o Halloway Holdings Limited for 188,000 sq. ft. with Home Depot as the anchor tenant.
o Loblaw Properties to remove the requirement to construct a supennarket in Clarington
Centre. . '
. The approval of the Principles of Understanding and the agreements to help implement the
Official Plan policies and address municipal requirements.
. The refusal of the applications for amendments to the Clarington Official and Zoning-bylaw
submitted by:
o Loblaw Properties to expand the Clarington Centre.
o AYT Corporation for a large-format retail complex at Bennett Road.
These recommendations reflect the findings of the Commercial Policy Review, respect the
integrity of the planned structure of commercial centres, help protect the historic downtowns,
and ensure a high quality of urban design and development.
With the approval of these recommendations, Council will be laking action to reduce the
leakage of retail dollars from our community, while at the same time providing additional job
opportunities for our residents. More importantly, Council will be providing residents with the
shopping amenities that Clarington. residents expect and deserve.
REPORT NO.: PSD-027-06
PAGE 6
1.0 INTRODUCTION
1.1 The Commercial Policy Review is the first component of the review of the Clarington
Official Plan. It was initiated in response to development applications in the Bowmanville
West Main Central Area, which could not be considered without a .comprehensive
review of the Official Plan".
1.2 The Commercial Policy Review (CPR) provided for a second phase of study, which was
linked to .consideration of private development applications in the Bowmanville West
Main Central Area and the adjacent lands designated Highway Commercial and Special
Policy AreaH. This second phase of work reviewed the existing Bowmanville West
Main Central Area (BWMCA) Secondary Plan and provided recommendations to update
the Secondary 2lan. .
1.3 The MunicipalitY retained the firms of Meridian Planning Consulting Ltd, urbanMetrics
Inc., Brook Mcilroy Ltd. and Totten Sims Hubicki to undertake the work in consultation
with a staff team, collectively referred to as the Study Team.
1.4 Key milestones in the Study were as follows:
August20th,2004 Completion of background surveys and floorspace inventory for
market analvsis.
December 17th, 2004 Completion of Retail Market and Impact Analysis and the Draft
Final Commercial Policv Review StudY.
January 10th, 2005 Report to Committee and Council on the Draft Final Commercial
Policy Review Study. .
January 13th, 2005 Open House on Commercial Policy Review
April 20th, 2005 Urban design presentation and workshop for the Bowmanville
West Town Centre.
May 9th, 2005 Addendum Market Analysis prepared to examine market issues for
the AYT proposal and multiole home imorovement stores.
May 30th, 2005 Final Commercial Policy Review Study and BWMCA Secondary
Plan Study reoorts comoleted.
June 15th, 2005 Public Meeting on Proposed Amendments 43 and 44
Reoort on A YT Aoolication.
June 28th, 2005 Public Meeting on Proposed Zoning Changes for General
Provisions and certain lands in the Bowmanville West Town
Centre.
July 15th, 2005 Special Council meeting to consider Commercial Policy Review,
Bowmanville West Town Centre Secondary Plan and related
amendments to olannina documents and aoolications.
July 2005 - Feb. 2006 Staff negotiations with the proponents, their anchor stores and
BiAs.
REPORT NO.: PSD-027-Q6
PAGE 7
1.5 Public participation has been an important part of the Study process and is discussed
more fully in Section 6.0.
Feedback from stakeholders was provided along the way for both the Commercial
Policy Review and the Bowmanville West Main Central Area Secondary Plan Review.
1.6 There are five related development applications for commercia I development under
consideration as shown on the following table. More information on the applications is
contained in Section 2 of this report
MAJOR COMMERCIAL DEVELOPMENT APPLICATIONS
ADolicant ADDlication TVDe Tenants
Wes! Diamond :-.operties Inc. & Clarington Official Plan Loblaws.... ..............178,000 sq. ft.
Players Business Park Limited Amendment Wal-Mart................151.135 sq. ft.
Zoning By-law Amendment Ancillary Retall.........40.865 sa. ft.
Total.......................370.000 sa. ft.
Halloway Holdings Limited Clarington Official Plan Home Depot.............98.600 sq. ft.
Amendment Medium-Format
Zoning By.law Amendment Retail........................51.000 sq. ft.
Site Plan Approval Ancillary Retail.........38.400 sa. ft.
Total........._.............188,000 sa. ft.
Loblaw Properties Limited Clarington Official Plan A 37,700 sq. ft. expansion to
Amendment existing Loblaws supermarket
Zoning By-law Amendment
Site Plan'Approval
Loblaw Properties Limited Zoning By-iaw Amendment Re-tenanting of existing 50.400
sq. ft. Loblaws space if
supermarket is relocated to West
Diamond site.
.A YT Corporation Durham Region Official Plan Home Improvement .80.000 sq. ft.
Amendment Warehouse
Clarington Official Plan Membership Club...145.000 sq. ft.
Amendment Other Retail............225,000 sq. ft.
Zoning By-law Amendment Restaurants....,.........35.000 sq. ft.
Hotel and
Convention Centre...98.600 sa. ft.
Total.......... .............583 600 so.- ft.
1.7 The most fundamental recommendation of the consultant for the Bowmanville West
Main Central Area was that market, transportation, land use and urban design issues
must be integrated and considered comprehensively. As a result. following the
presentation of the draft amendments to the Official Plan and Zoning By-law in June
2005, there were negotiations with the development proponents regarding the
integration of these issues in the context of the approval of the statutory planning
instruments and related agreements. At this time, the three large-format stores
participated in discussions with the Municipality and/or developed improved elevations
that more closely met the urban design objectives of the Study Team.
REPORT NO.: PSO-o27-o6
PAGE 8
1.8 On July 15th, 2005 Council received an interim report on the completion of the Study
and the negotiations with the two primary development interests in the Bowmanville
WMCA. At that meeting, Council also dealt with elements of the Halloway application
that did not conform with the basic directions of the staff recommended Secondary Plan
for the Bowmanville West Town Centre as follows:
. Council resolved to permit the Home Depot store in the West Town Centre in the
proponent's location along Clarington Boulevard.
· Council resolved to abandon UQtov.'nA"enue and to utilize the unopened road
uallowance between Concession 1 and 2, now referred to as the Stevens Road
extension as a temporary collector road until Brookhill Boulevard is constructed from
Regional Road 57 to Boswell Avenue.
1.9 Council adopted the following motion at the July 15th meeting:
Resolution #C-358-05
THA T Addendum #2 to Reporl PSD-078-05 be received;
. THA T, subject to further detailed review by staff and reporl to Council, the proposed
developments illustrated by the site plan prepared by Stantec Consulting Ltd. dated July 14,
2005 entitled "Proposed Metrus Commercial Development" and the elevation drawings of the
proposed Wal-Marl store prepared by Petroff Parlnership Architects, dated July 14, 2005 and
the proposed Real Canadian Superstore prepared by Tumer Fleischer Architects Inc., dated
July 8, 2005 be endorsed in principle as illustrations of appropriate developments of the land at .
the norlhwest comer of Green Road and Highway 2;
THA T, subject to the making of the Agreements referred to in the next paragraph, modifications
to proposed Official Plan Amendments 43 and 44 to accommodate the Phase '1 and 2 of the
proposed Wal-Marl and Real Canadian Superstore and the deletion of the publiC use facility and
replacement with additional street-related commercial noor space on the lands owned by West
Diamond Properties and Players Business Park be endorsed in principle and further
consideration of them and the Zoning Amendments recommended in Reporl PSD-096-05 be
referred to the General Purpose and Administration Committee meeting scheduled to be held on
September 6, 2005;
THA T the Municipality's solicitor, in consultation with the Directors of Engineering Services and
Planning Services, be directed to settle necessary agreements with West Diamond Properlies
Inc., Players Business Park Ltd., and Halloway Holdings Ltd. to protect the Municipality's
interest, including without limitation, an agreement with these companies to contribute the
developers funds portion of the cost of construction of the proposed Stevens Road extension
between Regional Road 57 and Green Road;
THAT the deletion from the Secondary Plan of the Uptown A venue Extension west of Clarington
Boulevard and its replacement by the Stevens Road extension running between Green Road
and Regional Road 57 be endorsed, in principle;
THA T modifications to designate the lands adjoining Clarington Boulevard for home
improvement store uses with associated parking be endorsed, in principle;
REPORT NO.: PSD.Q27.Q6
PAGE 9
THA T. subject to further review of the submissions made on behalf of Home Depot and
Halloway Holdings Ltd. and the proposed site plan and elevation drawings of the Home Depot
store, staff be directed to prepare detailed modifications to proposed OffICial Plan Amendment.
44 and the proposed Zoning Amendments;
THA T the Revised Official Plan Amendment and Rezoning Applications by A YT Corporation be
referred back to staff for a further report to be brought back to the September 6, 2005 General
Purpose and Administration Committee meeting; and
THA T the Region of Durham Planning Department and all interested parties be notified of
Council's decision.
1.10 Since July, staff have had ongoing dialogue with the Wet Bowmanville developers, the
largo-format anchors, and the BIAs to resolve a variety of issues and to formalize
commitments i" legal agreements.
REPORT NO.: PSD-027-06
PAGE 10
2.0 RELATED DEVELOPMENT APPLICATIONS
There are five related proposals subject to various planning applications for retail
commercial development. All but the AYT proposal are located in the west end of
Bowmanville. Some of these applications have evolved over the course of the study.
The applications in West Bowmanville are shown on Figure 1.
Figure 1
/
West Diamond Pro~ I~
Players BU51ne.s ParK limited
COPA 2002.002 and
ZBA 2002-004
Halloway Holdings Limited
COPA 2002-00II
ZBA 2002-02:5 and
SPA 2005-022
~
..
..
...
c
z
!!
~
lobi....
Properties Ltd.
ZBA ...,.....
..
..
~
~
"
L.obIaWo
Propertl_ Ltd.
COPA 2OOD-003
ZBA2000~20&
SPA 2000-017
z
~
z
i!
::\
u
Major Commercial Applications in Bowmanville West Town Centre
2.1 West Diamond Properties Inc. & Players Business Park Limited (West Diamond)
Location:
Northwest corner of Highway 2 and Green Road, Bowmanville.
Applications:
COPA 2002-002 & ZBA 2002-004
Description:
The original application proposed a total of 258,500 sq. ft. of retail
floor area consisting of a 151,135 sq. ft. Wal-Mart and five retail
pads totaling 107,200 sq. ft. In order to accommodate retail
commercial uses, an expansion to the Bowmanville West Main
Central Area Secondary Plan with an appropriate retail allocation
was proposed. The application also proposed deleting the
extension of Boswell Drive north of Highway 2 and Uptown Avenue
west of Green Road, both designated collector roads.
REPORT NO.: PSD-027.06
PAGE 11
The application was then modified to a total of 356,000 sq. ft. of
floor area consisting of a 151,135 sq. ft. Wal-Mart, a 164,000 sq. ft.
Loblaws with a gas bar, and 40,865 sq. ft. of retail pads along
Highway 2. The deletion of the collector roads was maintained.
The application has further evolved and what is now proposed
includes a total of approximately 370,000 sq. ft. of commercial floor
area consisting of an approximately 151,135 sq. ft. Wal-Mart, a
1:ZS~OO.sq._ft~Loblawswitt:lno gas bar, _and AO,865 sq. ft. of
ancillary retail floor space. The function and status of the extension
of Uptown Avenue is amended from a collector road to a private
street. Boswell Drive is being retained as a collector road.
2.2 Halloway Holdings Limited (Halloway)
Location:
North side of Highway 2 between Green Road a'nd Clarington
Boulevard, Bowmanville.
Applications:
COPA 2002-009, ZBA 2002-025 & SPA 2005-022
Description:
The applicant originally proposed the development of 69,000 sq. ft.
of retail commercial floor space consisting of a 40,000 sq. ft.
supermarket and 29,000 sq. ft. of other retail floor space.
The application was subsequently revised to propose 190,000 sq. "
ft. of floor area including an 84,000 sq. ft. Home D'epot and 106,000
sq. ft. of retail floor space. The applicant also proposed the
deletion of the east-west collector road Uptown Avenue between
Clarington Boulevard and Green Road, as well as the north-south
private street.
The application has evolved to propose a total of 188,000 sq. ft. of
retail floor consisting of a 98,600 sq. ft. Home Depot, 51,000 sq. ft.
of large format retail floor space, and 38,400 sq. ft. of ancillary retail
space. The application continues to propose the deletion of
Uptown Avenue and the north-south private street.
2.3 Loblaw Properties Limited
Location: Southeast corner of Highway 2 and Green Road, Bowmanville
Applications:
COPA 2002-003, ZBA 2000-020 & SPA 2000-017
Description:
The application proposes a 37,700 sq. ft. expansion to the existing
Loblaws store in the Clarington Centre. This application will not be
pursued if the West Diamond & Players applications are approved.
REPORT NO.: PSO-o27-o6
PAGE 12
2.4 Loblaw Properties Limited
Location: Clarington Centre bounded by Highway 2, Green Road, Clarington
Boulevard, and Prince William Boulevard, Bowmanville
Application:
Description:
2.5 A YT Corporation
. Location:
Applications:
Description:
ZBA 2003-043
The purpose of the application is to delete the zoning by-law
requirement for a food store on the Clarington Centre lands. If
approved this would permit re-tenanting the existing Loblaws space
in the Clarington Centre, should Loblaws relocate its food store to
the West Diamond/Players site.
Northwest corner of Highway 401 and Bennett Road, Bowmanville
ROPA 2004-006, COPA 2004-007 & ZBA 2004-055
AYT originally proposed the development of 540,000 sq. ft. of retail
commercial floor space consisting of a 65,000 sq, foot supermarket,
an 80,000 sq. ft. home improvement store, a 130,000 sq. ft.
department store, 250,000 sq. ft. of other retail floor space, and
15,000 sq. ft. of restaurant space.
The application was subsequently revised to propose 583,600 sq.
ft. of floor area including an 80,000 sq. ft. home improvement store,
a 145,000 sq. ft. warehouse membership club, 225,000 sq. ft. of
other retail floor space, 35,000 sq. ft. of restaurant space, and a 5
storey hotel and convention centre. The applicant also proposed
the deletion of a portion of a collector road between Lambs Road
and Bennett Road.
The applicant was also required to submit a Durham Region Official
Plan amendment application to permit a retail commercial
development within an industrial area that contained a
supermarket, department store, and which had no frontage on an
open Type "A" or Type "B" arterial road. Since the applicant
revised the application by deleting the supermarket and department
store, the Regional application only focuses on the road policy
issue.
REPORT NO.: PSO-027-06
PAGE 13
3.0 RECOMMENDED COMMERCIAL POLICIES FOR CLARINGTON
3.1 The Draft Final Report on the Commercial Policy Review was completed in December
2004 and released for discussion purposes. The Final Report (Appendix 1) completed
in May 2005 replaces the Draft Final Report. having been updated with additional
market analysis. feedback from residents and businesses and further consideration by
the Study Team.
3.2 Given its current commercial objectives and historical context, an approach which
combines a range of choice with the protection of the downtowns is
recommended to best serve Clarington's needs. An approach should be used which
provides land use designations and policies that meet market demands yet ensure the
achi~vement of the planned function objectives for the downtowns and the
transportationh"ban design objectives for the key central areas. This necessary and
essential connection between the policy approach to market and the urban design and
transportation objectives of Clarington is perhaps the single most important conclusion
of the CPR.
3.3 The more significant recommendations coming out of the CPR are as follows:
· Most of the. new space that is warranted should be accommodated within the
existing Bowmanville West Main Central Area and a proposed westerly expansion to
incorporate the West Diamond lands, provided that land use, market, urban design.
and transportation issues are satisfactorily addressed.
· From an urban structure perspective the preferred policy approach is to concentrate.
commercial uses in existing urban areas. The existing Central Areas are central to a
growing population and form "nodes" along Clarington's main street. Potential
commercial development should be focused, not dispersed. Amongottier things, it
will provide better opportunities for transit and an opportunity to create a strong
sense of place and identity. .
· The "Central Area" nomenclature is dropped; Main Central Areas are referred to as
Town Centres or Village Centres. Town Centres are distinguished by being larger in
size, having a greater density and a greater range of uses. .
· The Bowmanville West Town Centre and the Bowmanville East Town Centre would
collectively function as a regional centre. While Bowmanville West Town Centre will
function as a developing. centre able to accommodate larger stores within a
pedestrian-oriented grid street system, Bowmanville East Town Centre will continue
to function quite distinctively as a historic Downtown and East Business District.
focusing on smaller-scale retail personal service and office uses.
· The Downtowns of Bowmanville, Newcastle Village and Orono are extremely
important historical resources that define the character of Clarington. Theprimary
reason for limiting the development of commercial floor space is to provide for the
ongoing health of the historic downtowns and to protect their planned function.
REPORT NO.: PSO-Q27-Q6
PAGE 14
. Positive municipal policies, strategies and initiatives should be used to foster the
health of downtowns and should specifically provide for redevelopment and
intensification. The Municipality should investigate all means to encourage and
provide incentives for redevelopment and intensification.
. In new development areas, such as the Bowmanville West Town Centre, restrictions
on certain types of uses and retail store maximums and minimums may be imposed
to focus specialty retail and service uses in historic. downtowns.
. Given the significant amount of space proposed to be developed, or potentially
available through intensification in Bowmanville West Town Centre, controls by
means of population growth is recommended.
. Local Central Areas and Neighbourhood Commercial Areas are to be combined into
the category of Neighbourhood Centres and provide for a range of centres between
500 and 5,000 sq. m.
. Smaller commercial centres are redefined as Corner Stores and would be permitted
in Residential Areas through the rezoning process.
. The role of Highway Commercial Areas is retained.
. The Municipality should maintain the current prohibition of drive-throughs in historic
downtowns and extend it to appropriate adjacent areas. In other areas of the
Municipality, appropriate regulations should be enacted.
. Service Station policies were reviewed and amended to ensure the location and
design of stations is consistent with the urban structure and design goals. There
would be recognition that there are prominent intersections which should preclude '
gas stations primarily for urban design reasons where a gateway or comer treatment
is important.
. A key objective of the Official Plan, to ensure that King Street/Durham Highway 2
can maintain its function as a "main street" through Town and ViI/age Centres, is
confirmed and the development of a grid road system is critical to maintaining the
established vision and function.
. The importance of good urban design policies is reinforced and general urban
design guidelines were identified' for new development areas and historic
downtowns.
3.4 The results of the commercial policy framework recommended by the Study Team were
incorporated into the proposed Amendment 43 to the Clarington Official Plan
(Attachment 8). Although proposed Amendment 43 largely implements the CPR
recommendations, it works in tandem with Amendment 44 (Attachment 9), which
specifically implements the recommendations for the Bowmanville West Town Centre.
REPORT NO.: PSD-027-06
PAGE 15
4.0 BOWMANVILLE WEST TOWN CENTRE SECONDARY PLAN REVIEW
4.1 The second phase of the CPR involved a detailed examination of the Secondary Plan
for the Bowmanville West Main Central Area. The purpose of this component was to
respond to any of the recommendations of the CPR and to address the issues including;
whether the West Main Central Area should be expanded, what form of commercial
space should be considered, what changes were needed to update the land use and
urban design policies and what the transportation and infrastructure improvements
required to service new development for the area are. The Bowmanville West Main
Central Area Secondary Plan Review report from Meridian is contained in Appendix 2.
4.2 The Existing Secondary Plan
4.2.1 The existing SGcondary Plan for the Bowmanville West Main Central Area is a product
of a series of development applications, studies and an extended Ontario Municipal
Board hearing in 1993. A comprehensive study of the entire Bowmar:wiJIe area was
undertaken in 1992/1993 which looked at both the east and west areas of BowmanviJIe.
4.2.2 The Secondary Plan approved by Council provided that new retail development in West
Bowmanville should be phased based on population growth and the development
should occur within the structure of a grid road system. The area was to be developed
with a retail focus around Clarington Boulevard, and a north-south commercial street for
pedestrian-oriented retail uses.
4.2.3 The OMB, in approving the Secondary Plan, noted in its decision that two different but,
related issues needed to be addressed with the development of the BowmanviJIe Main
Central Area: first the impact on the downtown, and, if extended, what form would the
extension take? The OMB concluded that the West BowmanviJIe area was not an
extension of the original (east) Main Central Area. The two areas should remain as
separate areas but should be complementary. The OMB approved thresholds for
commercial development and new land use designations. Secondly, the Board noted
that the grid road system was an extremely important element of the urban structure.
4.2.4 The existing Secondary Plan for West Bowmanville provides for the development of a
mix of higher density uses and the integration of residential, employment, cultural and
community uses that can serve as a focal point of activity, interest and identity for
Clarington residents. There are three main goals:
· To establish the West Main Central Area in a manner that complements the
strengths of the East Main Central Area so as in order to create a strong and vibrant
centre.
· To .establish.the physical framework through a system of streets and public spaces
to allow for more intensive development over time.
· To have a high quality of architecture and urban design to create a sense of place
and foster social interaction.
REPORT NO.: PSO-o27-o6
PAGE 16
4.2.5 The West Main Central Area Secondary Plan provides policies focusing on retail around
the Clarington Boulevard/Highway 2 intersection. The lands on all four quadrants are
designated Retail Commercial although the release of development rights by zoning is
controlled through a threshold mechanism linking warranted f100rspace to population
growth. Office Commercial Areas are identified on the southwest and southeast comers
of Regional Road 57 and Highway 2. Medium and High Density housing areas are
located in the southerly portion of the West Main Central Area along the St. Lawrence
and Hudson (CP) railway line. The current housing targets are for a total of 1,750 units
- 250 medium density and 1,500 high density. A future GO Rail station site is identified. .
Various communityahdrecreatiotn.lsesare also-identified.
4.3 The Proposed Secondary Plan in June 2005
4.3.1 Amendment 43 proposes to rename the Bowmanville West Main Central Area as the
Bowmanville West Town Centre. The conclusions of the Commercial Policy Review
Study recommend an expansion of the land area in the Bowmanville West Town
Centre, new floor space limits based on population growth, revised transportation facility
requirements and more detailed urban design policies. Amendment 44 was prepared to
implement the recommendation of the Secondary Plan Review.
4.3.2 The conclusions of the CPR Study support:
. The assignment of f100rspace for the Halloway lands for commercial development;
and,
. The redesignation and allocation of commercial floor space for the West Diamond
lands immediately to the west of Green Road for inclusion as part of the
Bowmanville West Town Centre.
Given the market support, and provided the urban design and transportation goals can
be achieved, these lands represent the most appropriate location for newcommercial
uses.
4.3.3 The consultants conclusions throughout the Secondary Plan Review emphasize that
market, land use, urban design and transportation objectives must be considered
comprehensively. A standard big box centre as part of the new Bowmanville West Town
Centre is not appropriate and was not supported by the Study team. Similarly, the
transportation infrastructure must be in place or arrangements made to ensure that it
will be in place in short order for this development to proceed. Lastly, there can be no
undue market impacts that detrimentally impact the planned function of the Town and
Village Centres, in particular the historic downtowns.
4.3.4 Land Use
Some of the more significant recommendations regarding land use are as follows:
. The Retail Commercial designation is split into two designations; General.
Commercial and Street Related Commercial. The General Commercial designation
would accommodate large-format retail activities. The Street Related Commercial
REPORT NO.: PSO-o27-oa
PAGE 17
designation would provide specific areas dedicated to smaller scale, pedestrian-
oriented retail and personal service uses.
. In the General Commercial designation, hotels and convention centres and
residential dwelling units are deleted as permitted uses.
. In the Street Related Commercial designation, stores were limited to a maximum of
800 sq. m. (8,600 sq. ft.) and drive-through facilities are not permitted.
. Only two full service financial institutions are permitted.
. Medical offices, business, professional and administrative offices are permitted only
above the ground floor.
. The Major Office Commercial areas are retained but the permission for the food
sture and other retail uses in the Office Commercial area on the southwest corner of
Highway 2:-:'1d Regional Road 57 is deleted. The store specific use permission has
not been built since it was approved by the OMB over a decade ago.
. The High Density Residential designation has been split into two designations; Low
Rise High Density Residential (6 storeys or less) and Mid Rise High Density
Residential (12 storeys or less).
. Energy efficient building and site design is strongly encouraged.
4.3.5 Retail and Service Soace Controls
Amendment 44 provides for controls on retail and service f100rspace in the Bowmanville
West Town Centre to implement the market recommendations of the CPR. The intent is
to provide a mechanism to ensure that additional commercial development is supported
by population growth. This mechanism will support the continued viability of the Town
and Village Centres and ensure ongoing redevelopment potential within the
Bowmanville East Town Centre.
The version of Amendment 44 recommended in PSD-078-05 on June 13, 2005
established target retail and service floor space thresholds related to the projected
population growth of Clarington in the future for a period when Clarington reached a
. population of 91,000, anticipated to occur in 2010.
4.3.6 Transoortation Network
The main transportation network proposed for the Bowmanville West Town Centre
builds on the grid system structure previously defined for the area. King Street/Durham
Highway 2 (Highway 2), Regional Road 57 and Green Road are the designated arterial
roads for the area. These roads in turn are served by a system of collector roads and
local streets in a grid road pattern with blocks to provide access throughout the area.
The development of the grid road system is critical to the established vision and function
of Highway 2 as a "main street" through the Bowmanville West Town Centre. The minor
roads making up the grid allow for flexibility in access and internal traffic circulation, and
alternative routing for local trips. When fully developed, the grid system will facilitate a
REPORT NO.: PSD-027-06
.
reduction in traffic demand along Highway 2, and specifically a potential reduction in the
tumin~ movements at the signalized intersections.
PAGE 18
Key components of the transportation network to implement the grid system are:
. A temporary east-west minor collector road north of Highway 2 (originally Uptown
Avenue, but replaced with Stevens Road extension) until the opening of Brookhill
Boulevard. It would subsequently function as a local road.
. A further north east-west collector road capable of being signalized (Brookhill
Boulevard) to be developed as soon as possible.
. An east-west collector road south of Highway 2 (Prince William Boulevard).
. Another north-south connection facilitated by the Green Road grade separation,
road improvaments and signalization.
One major change to the transportation network was made to the original alignment of
Uptown Avenue. On July 15, 2005 in response to deputations by Halloway with respect
to the location of a Home Depot home improvement store, Council determined to extend
Stevens Road rather than Uptown Avenue between Regional Road 57 and Green
Road.
As retail commercial growth occurs, it will be critical to ensure that transportation
network capacity can accommodate new development in a safe and efficient manner.
4.3.7 Urban Desion
The key urban design principles which form the basis of the Plan are noted below:
Urban Design Principles
. A distinct sense of place
. A connective street network.
. Pedestrian access.
. Urban street edge.
. Plan for infill.
. Environmentally sustainable development.
The planning framework for the Bowmanville West Town Centre requires a strong
commitment to creating a strong sense of place with a mix of uses. In order to achieve
this there needs to be a clear urban design vision and policies for the Bowmanville West
Town Centre.
The urban design principles were further elaborated through detailed site design and
building design policies.
The consultants have recommended that the Demonstration Plan and Illustrated Urban
Design Policies be incorporated as Schedules to the Secondary Plan.
REPORT NO.: PSD-027-06
PAGE 19
4.4 The Proposed Secondary Plan - February 2006
Since Council's conditional approval in principle of portions of the West Diamond and
Halloway proposals on July 15, 2005, staff continued to refine Amendment 44 as a
result of feedback, specifically in the context of the negotiations with the two
proponents/appellants.
Some of the significant changes to the Secondary Plan are as follows:
. The. concept of a two-step threshold to 2010 was replaced with an overall limit on
f100rspace with provision for delayed opening of certain stores and reliance on
"natural phasing" given the limited time period between enactment of Amendment 44
alld the horizon population target of 91,000 persons.
· The total f1G~Jt area for the West Diamond and Halloway proposals is provided for in
the allocation of total floor space.
· A special exception for a home improvement store is provided with provisions.
reflective of Home Depot's commitment to Council on July 15, 2005 plus further
negotiated items.
· The land use designations on the Halloway site were revised to provide for Street-
Related Commercial along the Clarington Boulevard and Highway 2 frontage.
Although the special exception for a home improvement store overrides these
designations, in the event that a home improvement store does not build on the site,
the original vision for the area would be continued with a pedestrian-retail
environment along Clarington Boulevard.
· The maximum size for stores in Street-Related Commercial Areas was increased to
1,000 sq. m. (10,760 sq. ft.).
· In addition to the enabling policies that specifically provide for Council to limit the
size of large-format stores, additional enabling policies are added to allow Council to
establish standards in the Zoning By-law which would restrict the type, amount and
location of retail and service floor space to provide distinctions and help protect the
historic downtowns. Specific limitations on store sizes can be provided in Street-
Related Commercial Areas.
· Revisions of the commercial urban design policies to provide greater flexibility with
respect to numeric standards and to accommodate the proposed Home Depot store.
· Clarification of the private road standards.
· The addition of residential urban design policies and subsequent revisions to the
residential land use policies.
· Revisions to the holding zone provisions.
REPORT NO.: PSD-027-06
PAGE 20
5.0 PROPOSED ZONING AMENDMENTS
5.1 Introduction
5.1.1 Three Zoning By-law amendments have been drafted to implement the proposed
amendments to the Clarington Official Plan and the Bowmanville West Main Central
Area Secondary Plan.
i) The first by-law (Attachment 10) provides for general amendments tQ the Definition
and General Provisions sections of By-law 84-63. These changes are applicable to
all lands within the Municipality of Clarington and not only the West Main Central
Area.
ii) The second by-law applies to the lands within the Bowmanville West Town Centre,
including the Halloway, West Diamond and Loblaw lands (Attachment 11). It
establishes new Large-format Retail Commercial (C8) and Street' Related Retail
Commercial (C9) Zones with appropriate regulations. It also amends the zoning on
Clarington Centre and Canadian Tire.
Hi) The third by-law (Attachment 12) removes a commercial zone at the corner of
Regional Road 57 and Highway 2 that no longer conforms to the Plan.
5.2 General Amendment
5.2.1 The first part of the amendment contains definitions and general provisions that apply'
not only to lands in west Bowmanville, but to lands throughout the Municipality. The
definitions being added to Section 2 assist in the implementation of the regulations
proposed in Section 3. The proposed amendment to Section 3, General Provisions of
By-law 84-63 adds new regulations as follows:
. Revised loading space requirements;
. A reduction in the length of a parking space size adjacent to a landscape strip;
. A provision for the size and number of parking spaces required for physically
disabled individuals as a component of the total parking on site; and
. A requirement for customer bicycle parking to be provided with new commercial
developments.
5.2.2 Changes have been made to the by-law presented at the public meeting. A requirement
has been added for larger stores greater than 5,000 sq. m. or 53,800 sq. ft. to provide
indoor bicycle parking facilities for employees. Wal-Mart and Loblaws Superstore are
exempted from this provision.
REPORT NO.: PSD-027-06
PAGE 21
5.3 Large-format Retail Commercial Zone (C8)
5.3.1 In order to implement the provisions of the General Commercial designation contained
in the West Town Centre Secondary Plan, a new "Large-Format Commercial (C8)
Zone" was created replacing the existing "Highway Commercial (C8) Zone" and all its
provisions. The new C8 zone provisions contain definitions specific to the new zone,
including . terms identifying large and medium retail format stores. Extensive
performance standards are included to implement the market and urban design policies.
They include site specific floors pace limits, building siting, building sizes, articulation,
fenestration (glazing),entrancesand landscaping'uPrc)Visions are also provided dealing
with outdoor storage and display, screening of loading areas, parking, and garden
centres.
5.3.2 Drive-threugh uses in the Bowmanville West Town Centre are permitted only in the
large-format zone subject to regulations detailing the stacking requirements and location
of the stacking lane.
5.3.3 Exception zones have been drafted for the West Diamond property arid the Halloway
site. The exception zones detail the maximum amount of total floor area permitted on
the portion of the West Diamond site and Halloway site zoned for large-format uses. In
addition, the exception zones to the main C8 zone provisions deal with unique
circumstance of building design; uses such as garden centres and seasonal garden
centres. The exception zone provisions have been negotiated with the appellants and
their proposed developers of large-format stores. There have been numerous changes
. since the Public Meeting to clarify the intent and/or address the applicants' issues.
5.4 Street-Related Retail Commercial Zone (C9)
5.4.1 A new .Street-Related Commercial (C9) zone" has been created to implement the
'Street Related Commercial' designation and urban design policies of Amendment 44.
This new zone limits the total floor area of an individual store to between 300 sq. m. and
1000 sq. m. However the West Diamond site could have three stores less than 300 sq.
m. and the Halloway site could have four such stores. The minimum floor size is
intended to limit the number of stores that would be similar to those found in the historic
downtown. Similar to the C8 zone provisions, definitions specific to the new zone are
included. Performance standards are developed governing building height, building
siting, building articulation, fenestration and other issues. The performance standards
for this zone require the business entrance of most stores to be sited facing the street.
Provisions dealing with screening of loading areas, parking, and landscaping .are also
included.
5.4.2 Specific C9 Exception zones containing maximum total floor area permissions and
variances to the standard C9 zone provisions are proposed for the portions of the West
Diamond, Halloway, Canadian Tire, and the Clarington Centre lands designated 'Street-
Related Commercial'. The exception zone provisions have been negotiated with the
appellants for their lands. There have been numerous changes since the Public
Meeting to clarify the wording and/or address the applicant's issues.
REPORT NO.: PSD-027-06
PAGE 22
5.5 Clarington Centre - Southeast Corner of Highway No.2 and Green Road
5.5.1 The majority of the Clarington Centre lands are designated "General Commercial" in the
Secondary Plan. However, the C8 zone provisions were not applied to this site. Rather
the existing zoning for Clarington Centre (C1-14A and C1-14B) was amended to delete
the provisions that apply to the lands now designated Street-Related Commercial as
noted above. The majority of the zone provisions were retained and the zoning was
renamed C1-14.
5.5.2 The requirement of the C1-14 zone for a Supermarket has been deleted from the zone
provisions since the Public Meeting.
5.6 Southwest COnler of Highway No.2 and Regional Road 57
5.6.1 The lands at the southwest corner of Regional Road 57 and Highway No. 2 are
designated Office Commercial. Much of the site is zoned "Agricultural (A)" however a
"Neighbourhood Commercial Exception (C2-4)" zone was placed on this property in
1993 to allow a McDonald's restaurant to establish in this location. The C2-4 zone only
occupies a small portion of the site. The McDonald's restaurant has since been built on
the Clarington Centre lands. A zone category implementing the Office designation is not
proposed at this time. However Attachment 12 is a by-law which would remove the
existing commercial zoning (C2-4) and rezone the lands to (A) Agriculture similar to the
balance of the lands in this area.
REPORT NO.: PSD-027-06
PAGE 23
6.0 PUBLIC SUBMISSIONS
6.1 Public Presentation
The Commercial Policy Review and Secondary Plan Review included an extensive
public participation process to solicit the views of residents and businesses as follows:
. A Community Stakeholder Group was established comprised of various members of
. the community. The Stakeholder Group included participants from the Courtice
Business Group, Bowmanville BIA, Newcastle BIA, Orono BIA, area resident,
Agricultural Advisory.Committeeof Clarington;Regional Planning,-Regional.Works,
Clarington Board of Trade, representatives for the two major landowners in West
Bowmanville and Council.
. The Community Stakeholder Group met a total of five times. Two of the meetings
were held in conjunction with other groups. The other three meetings were held on
June 21, 2004, October 27, 2004, January 13, 2005
. The consultants held a joint meeting with the Bowmanville BIA and the Community
Focus Groups established for the Orono and Bowmanville Community Improvement
Plans on September 14, 2004.
. An open house was advertised and held on the Commercial Policy Review on
January 13, 2005.
. A Design Workshop was held with residents and Community Stakeholder Group on
April 20th, 2005 with respect to options and proposals for the Bowmanville West
Main Central Area. There were over 75 participants including residents, developers
and retailers. The workshop included a review of the background planning, market
and transportation issues but focused on the urban design options for the
Bowmanville West Town Centre. The workshop used precedent images of large-
format retail development and mix use areas as success stories with potential
application in Bowmanville. Three options were presented for the purposes of
discussion of alternatives for development. . Break-out groups participated in a
facilitated discussion of the pOSSibilities for the Bowmanville West Town Centre.
6.2 Submissions
Various public submissions were received. Major issues raised during the study
process are summarized below.
6.2.1 Commercial Policv Review
Numerous submissions were received on the Commercial Policy Review document
primarily from the development community. The following issues were raised:
. The proposed urban design criteria relating to building facades, building setbacks,
weather protection, and. landscaping courts may not be achievable due to
operational requirements of individual stores. Many of these principles will be
realized through maturing of development. More performance-based standards
should be adopted.
REPORT NO.: PSD-027-o6
PAGE 24
. The location of parking fields should consider the suburban development context.
. Retail floorspace should first be allocated to lands that already have the necessary
land use designation. As such, new growth should be focused and not dispersed.
. The retail market impact analysis relies heavily on recapture of retail expenditure
outflows to justify the introduction of new. commercial floorspace. New floorspace
should be based on realistic population growth so as not to impair downtown areas.
. The downtown has a unique role that must be protected.
. Comments were made provided both for and against the elimination of retail uses in
the industrial areas.
6.2.2 Bowmanville West Main Central Area Secondarv Plan Workshop
A number of bbmissions were received from Clarington residents who attended the
April 20th, 2005 open house. The following issues were raised:
. Development of this scale will impact downtown Bowmanville retailerS.
. The urban design of large-format stores should be improved to provide a more
unique sense of place. High quality materials, architecture, and landscaping are
necessary to accomplish this objective. Historic building elements of Bowmanville
should be incorporated into the design.
. Development should be pedestrian oriented with street-related buildings.
. The existing road network must be maintained and improved to assist traffic
circulation associated with new development.
6.2.3 Bowmanville West Main Central Area Secondarv Plan Review. OPA 43 and OPA 44
Numerous submissions were received on these documents primarily. from the
development community. Some of the key issues raised were:
. All commercial proposals regardless of location should be afforded equal
consideration.
. Residential densities in the Bowmanville West Main Central Area should be
increased in order that the population targets can be ~chieved.
. The retail market impact analysis is based on an aggressive recapture of retail
expenditure outflows to justify the introduction of new commercial floorspace which
is not justified.
. Industrial lands should be preserved for industrial uses. Policies that permit retail
commercial uses in industrial areas should be removed.
. The phasing of Wal-Mart and Loblaws is not necessary.
. Creating a strong retail fabric in West Bowmanville will benefit the downtown.
. Changes to the transportation network are necessary to accommodate Home Depot
in its preferred location.
6.2.4 A list summarizing all public submissions with Staff responses is included in Appendix 8
to this report.
REPORT NO.: PSD-027-06
PAGE 25
7.0 MARKET ISSUES
7.1 Introduction
7.1.1 A critical component of the Commercial Policy Review was market research. This was
undertaken to gain an understanding of the local market conditions, consumer
behaviour, warranted space and potential impacts.
7.1.2 The Commercial Policy Review incorporated market research work undertaken for the
Municipality by urbanMetrics Inc. and Tate Economic Research. The consultants
produced the C/arington Commercial Policy Review Retail Market and Impact Analysis,
dated December 17, 2004 (Appendix 4). The report was released for public review at
that time.
7.1.3 The market analysts for the Municipality prepared two subsequent reports: An
Addendum Market Analysis dated May 9, 2005 (Appendix 5), and the "Memorandum
Report: Supplementary Market Analysis" dated July 14, 2005 (Appendi~ 6). The market
consultants wrote these reports in response to public input, meetings with the
proponents, and additional development applications after the main report was
released.
7.1.4 The purpose of this section is to review the results of the market reports and to
comment on some of the critical issues related to market needs and impacts.
7.2 Evolving Retail Environment and Competitive Centres
7.2.1 The retail environment has changed considerably since the preparation of the"
Clarington Official Plan in the early nineties. The nature of retailing has been changing
at a remarkable rate in response to evolving population demographic, changing lifestyle
patterns and innovations in technology. Some of the changes include:
. Changes in Chains and Banners through consolidations and new entries into
Canada.
. Changes in Store Types with new retailing concepts such as warehouse
membership clubs, home improvement stores, specialty stores and the sale of food
in stores who have traditionally not included food sales.
. Changes in Store Formats with large-format stores, retail warehouse stores, etc.
. Changes in Commercial Centre Types and Formats with a move away from strip
plazas and enclosed malls towards power centres and large-format stores.
These changes are challenging in developing an appropriate a community planning
framework. From a market perspective, these changes present a challenge for
Clarington in terms of providing retail facilities which meet the needs and convenience
of residents.
REPORT NO.: PSD-027-06
PAGE 26
7.2.2 Oshawa is an important shopping destination for Clarington residents serving as the
primary regional centre. The Oshawa Centre, with its mix of department stores and
specialty tenants, is a significant regional centre. However, over the past 10 years new
shopping facilities have been constructed in Oshawa and Whitby, which are proving to
be destinations for Clarington consumers. In particular, the Tauntonl Harmony Power
Centre, built close to the Clarington boundary, is very attractive. The consumer.
research by the Municipality's market consultant indicated that the Wal-Mart and Home
Depot stores in these locations have resulted in significant outflows of the shopping
dollars of Clarington residents. The attractiveness of the centre will only increase with
the completion of additional stores since the market research in 2003, including the
Loblaws Superstore which opened in late 2005.
Some of the m:;or shopping centres, illustrated on Figure 2, include:
. HarmonylTaunton Power Centre
Currently approved for approximately 556,000 sq. ft., most of the space has been
constructed. The applicant is currently applying for an additional 250,000 sq. ft.
of retail floors pace through a Sub-Central Area redesignation.
. Oshawa Shopping Centre
The existing Oshawa Shopping Centre includes 1,163,000 sq. ft. of office and
retail f1oorspace. While long-term expansion potential is pOSSible through site
intensification, short-term potential of 50,000 sq. ft. of retail floor space is
possible.
. Champlain Power Centre
The original approval for this power centre was for approximately 417,000 sq. ft.
The applicant is seeking a further 94,000 sq. ft. to accommodate a Wal-Mart
department store.
. Thickson Ridge Power Centre
The original Thickson Ridge Power Centre area at the southeast corner of
Thickson Road and Highway 401 is designated for 640,000 sq .ft. and has been
almost been completed. An additional 608,000 sq. ft. of retail floors pace has
been designated at the other three quadrants of the interchange, of which only
approximately 25% of the space has been constructed.
The advent of three power centres, one of which is not yet built, without a similar
opportunity for large-format retailing in Clarington, forces Clarington consumers to travel
to other communities to meet their expectations.
REPORT NO.: PSD-027-06
PAGE 27
Figure 2
Major Retailing Centres
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Oahawa Shopping
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Major Competetive Commercial Centres Outside of Clarlngton
7.2.3 While the Oshawa Centre will always have a dominant role in this area, proposed retail
expansions elsewhere in Oshawa will continue to strengthen the draw of its retail
structure and entrench its reliance on Clarington retail expenditures. The Bowmanville
Main Central Area is identified in the Durham Regional Official Plan as a centre of
regional significance. In order to stem these expenditure outflows, new commercial
projects containing the critical store types demanded by Clarington residents is
necessary. The consulting team advise that once these high demand stores are built in
Bowmanville, there is a greater opportunity and possibility that these consumers will
shop in downtown areas as well.
7.2.4 The public policy debate for the expansion of retail services should be considered in the
context of competing retail centres locating on the periphery of the Municipality while at
the same time providing the necessary controls to ensure the viability of existing
commercial centres in the Municipality. Competition with existing businesses already
exists whether it is located within the community or on the periphery. Ensuring the
vitality of historic downtowns is one key public objective; providing convenience and
choice to residents of Clarington is an equally important public policy objective.
REPORT NO.: PSD-027-06
PAGE 28
7.3 Retail Market and Impact Analysis (Dec. 2004)
7.3.1 Population growth and recapture opportunities are the two main elements in the
Clarington Commercial Policy Review Retail Market and Impact Analysis, dated
December 17, 2004 to project future demand for retail space..
7.3.2 The analysis was undertaken by urbanMetrics inc./Tate Economic Research. The
majority of the market research was undertaken in 2003 and addresses Clarington's
future commercial space needs to 2021. The market analysis forms one of the basis for
the Commercial Policy Review. The market research included:
. Population and retail expenditure forecasts;
. A telephone. survey of Clarington residents;
. An intercept survey of Downtown Bowmanville shoppers;
. Licence plate surveys at the Clarington Centre, Clarington Place, BO'>Ymanville Mall
and the Townline Centre in Courtice;
. An inventory of retaillspace in Clarington; and
. The identification of proposed/designated retail/service commercial space in
Clarington.
7.3.3 The intent of the analysis was to determine the magnitude of the retail commercial
space which will be required to service Clarington's population recognizing recapture
opportunities from outside Clarington and the need to minimize sales impacts on
existing retail facilities/areas
7.3.4 As mentioned in Section 7.2, Clarington residents are currently spending a significant
portion of their retail dollars outside of Clarington, and particularly in other Durham
Region communities, such as Oshawa. As such, there is a significant opportunity to
recapture a portion of these expenditures with the addition of new retail facilities in
Clarington.
The following table illustrates the percentage and volume of expenditures that
Clarington residents currently make at selected major store types outside Clarington.
Category
Percentage of
Clarington Residents'
Expenditures Made In
Clarin ton 2003
66.9%
17.0%
34.2%
12.3%
Clarington Residents'
Expenditures Outside
Clarington (2003 $)
Su ermarket
De artment Store
Non-De artment Store DSTM
Home 1m rovement
$38.3 million
$62.5 million
$137.4 million
$15.9 million
REPORT NO.: PSD-027-06
PAGE 29
7.3.5 In 2003, the total expenditures in these store categories by Clarington residents outside
the community was estimated at nearly $254 million, or $3,300 per resident. Using the
same per capita figure, staff project this leakage to be close to $300 million by 2010
based on a population projection of 91 ,000 for that year.
7.3.6 The market analysts concluded that there are significant retail development
opportunities within the Municipality of Clarington in the short term. This proposed new
retail space will allow Clarington residents to shop locally and will increase the strength
and convenience of the retail environment within the Municipality.
7.3.7 Basedcontheap.alysis~fthesecdata,-the main conclusions of this report are:
. All proposed space evaluated could be developed by 2007 with additional
opportunitie~ for other space in the future.
. These proposed additions to the Clarington market would be sufficient to meet all
additional DSTM, supermarket, and home improvement centre needs.
,
. There will be the need in the future for additional space beyond 2007, which could
be accommodated in future phases of the West Diamond development (e.g. Wal-
Mart and Loblaws expansion).
The following sections detail how these findings have been refined based on public
input, meetings with the proponents, modifications to the proposed development
proposals, and additional development applications that have been submitted during the
process of undertaking the Commercial Policy review.
7.4 Addendum Market Analysis (May 2005)
7.4.1 An Addendum Market Analysis dated May 9, 2005 (Appendix 5) was prepared in large
part to consider the implications of the A YT Corporation application. It also refined the
earlier work to address:
. The proposed expansion of the Canadian Tire Store.
. The revised West Diamond proposal not to phase Wal-Mart and Loblaws
Superstore.
. The planned development of a RONA home improvement store on the Torgan site.
. The potential for a proposed expansion of the existing Loblaws store on the
Clarington Centre site for another type of retail use other than a food store.
The Addendum Market Analysis also estimated the anticipated amount of service space
to serve future population growth.
7.4.2 The Addendum Market Analysis tested various alternatives for the different proposals
proceeding, either in whole or in a phased manner or with some alteration (e.g. no
Home Depot on the Halloway Holdings site). It also examined substituting the AYT
Corporation application for the West Diamond proposal.
7.4.3 The Addendum Market Analysis again confirmed that there is significant opportunity for
new space in the market to meet population growth and to recapture expenditures
currently leaving the Municipality. The recapture potential is particularly great in the
REPORT NO.: PSD-027..Q6
PAGE 30
department store and home improvement store categories. given the current
expenditure pattern of Clarington residents. It should be noted however, that recapture
opportunities for a Bowmanville location may be limited by several factors. Firstly,
Clarington does not have. and will not have in the foreseeable future, a major enclosed
regional shopping centre like the Oshawa Centre, with full-line department stores and
other major retailers. The other significant factor is that approximately twenty five
percent (25%) of the population of Clarington lives in Courtice, which is on the border
with the City of Oshawa.
7.4.4 -The Addendum-Market Analysis -provided the-following-figures on new amounts of
selected categories of retail f100rspace that would be warranted in Clarington and has
been quantified through the analysis of various scenarios:
2007 700.000 to 735,000 sq. ft. ............(65.000 to 68,500 sq. m.)
2010 850.000 to 875,000 sq. ft. ............(79.000 to 81.500 sq. m.)
2021 1,540.000 to 1.580,000 sq. ft. .... (143,000 to 147.000 sq. m.)
There is progressively less opportunity for new f100rspace after 2007 as it is assumed
that the recapture opportunities will have largely been exploited by construction of a
Wal-Mart department store, a home improvement store, and large-format supermarket
Further retail growth will be dependent primarily on population growth.
7.4.5 Unlike the earlier market research referred to above. which assumed no sales transfer
. from existing stores, the Addendum Market Analysis assumed. a 10% sales transfer
from existing stores under the "worst case scenario.. The Municipality's consultant has
considered a 10% sales transfer to be a "reasonable. impact. This worst case scenario
assumes that both the Halloway portion of the Courtice Town Centre and the Torgan'
project are built and operational through this period.
7.4.6 The Addendum Market Analysis also reviewed other select retail space (liquor/beer/
wine and specialty food) and service space (personal services and restaurants) to
provide a better estimate of the total floors pace that could be anticipated over the study
period. This had not been considered in previous reports. Using the per capita floor
space ratios and assuming a gradual increase over time from the existing 9.21 sq. ft.
per capita. there is additional service and select retail space that can be anticipated as
follows:
2007 77.000 sq. ft. ...................................... (7,200 sq. m.)
2010 150,000 sq. ft. ................................... (14,000 sq. m.)
2021 500.000 sq. ft. ................................... (46,500 sq. m.)
Unlike retail space, the service space analysis provides a level of growth that should
occur or possibly even be exceeded if Bowmanville starts to take on a more regional
function. It is an analysis based largely on existing conditions, not anticipating any
recapture of expenditures from outside the community.
7.5 Supplementary Market Analysis
7.5.1 The "Memorandum Report: Supplementary Market Analysis. (Supplementary Market
Analysis) was prepared by urbanMetrics Inc. on July 14, 2005 in response to four
REPORT NO.: PSD-027-06
PAGE 31
submissions received through the public meeting held on June 2005. This report is
contained in Appendix 6 to this report.
7.5.2 Some of the key points addressed in the report are the following:
. urban Metrics Inc. confirms its professional opinion that its market recapture rates are
appropriate. Since Clarington residents are shopping at Wal-Mart locations
elsewhere in Durham Region, this store is considered key to recapturing expenditure
outflows and an important anchor tenant for Bowmanville in attracting other retailers
to improve the level of service.
. TlrbanMetrics Inc. is confidennhatthe sales performance levels used for Wal-Mart in
its assessment are appropriate given Clarington's current population and its
gEographic distribution. Sales figures as high as those used in the Guelph OMB
decision are not expected in our market environment.
. Although the Zellers store may experience up to a 34% decline in store sales levels
in 2008, this is not expected to result in a store closure, given that the Bowmanville
Zellers is functioning above the average sales level for the Zellers chain
. An analysis was completed on the impact of the expanding A&P supermarket in the
Bowmanville Mall. Based on an increased recapture rate, the average performance
level still remains above industry norms and a full recovery is expected by 2010.
. Sufficient market was available to allow both Wal-Mart and Loblaws Superstore to
develop without requiring their stores to be phased provided that their first full year of
operation occurred not earlier than 2008. Opening of both stores should be
restricted through the Zoning By-law so that the first full year of operation occurs no
sooner than 2008. .
7.6 Retail Thresholds Versus a Retail Cap
7.6.1 The extended Ontario Municipal Board hearing in 1993 resulted in the approval of the
existing Secondary Plan for the Bowmanville West Main Central Area. The presentation
of evidence respecting retail market impact represented a significant portion of the
hearing time. The OMB approved the Municipality's recommended approach for
cOntrolling retail growth in West Bowmanville as follows:
. An initial allocation of floors pace was provided to establish a critical mass of
development.
. A series of f100rspace thresholds tied to population growth provided for additional
space to be released through rezoning applications as the population of the
Municipality grew.
. An override provision allowed for the re-examination of thresholds, either through
individual applications or a comprehensive review.
7.6.2 The proposed Official Plan Amendment 44 released in June of 2005 continued much of
the previous control system. However, rather than provide for an ongoing series of
thresholds, only two thresholds were provided as follows:
REPORT NO.: PSD-027-06
PAGE 32
. The initial retail threshold of 65,000 sq. m. of gross leasable area was to be released
immediately in time to be constructed when the population of Clarington is 85,000
persons, expected to be reached in 2007.
. The second target threshold of 75,000 sq. m. of gross leasable area would be
released when the population of Clarington reached 91,000 persons, expected to be
reached in 2010.
. Beyond that, any further retail space would be added through the comprehensive.
official plan review.
7.6.3 After considering public input and further analysis, the recommended Official Plan
Amendment 44 attached to this report has modified the control system for retail and
service space in West Bowmanville. Instead of the two-step threshold mechanism, the
system recomrr::1ded has the following components:
. An allocation of f100rspace is provided to each site.
. A total cap or limit on retail and service f100rspace is provided until the population
reaches 91,000 (expected in 2010).
. Subsequent additions can occur through a comprehensive review of commercial
f100rspace in the Municipality, but not necessarily in the context of an Official Plan
Review.
7.6.4 Staff have moved from the two-step threshold mechanism to a retail cap for the
following reasons:
. The two-step threshold involved a short interval (3 years) and the delay in dealing
with the applications reduced this even further.
. urban Metrics assessed the proposal by West Diamond to have the first full year of
operation for its large-format stores in 2008, and concluded that phasing is not
required.
. urbanMetrics believe that natural phasing will occur and accordingly the market
study was conservative in using a "worst case scenario" (See Section 7.4.5). Actual
impacts will likely be less than the ''worse case scenario".
7.6.5 Natural phasing of commercial development recognizes that not all of the proposed
commercial f100rspace will be simultaneously constructed and occupied. Both
developers are expected to proceed first with their anchor tenants (Le. Wal-Mart,
Loblaws Superstore, and Home Depot). Medium-format retail space and the smaller
retail units will be constructed over a longer period of time. Smaller retail space and
single retail pads are constructed for specific tenants, which often commit after the
development of the large-format stores has begun. Site development phasing due to
infrastructure and road urbanization requirements may also delay the introduction of
retail space. Natural phasing would not only be applicable to the West Bowmanville
developments but would also occur on the Torgan site (expected to build out over 5
years) and the Courtice Town Centre site owned by Halloway. At the present time, staff
is not aware of any plans to proceed with the Courtice Town Centre site. All of this
would yield impacts less than those identified in the ''worst case scenario".
7.6.6 The important objective in terms of ensuring the viability of downtowns and existing Town
and Village Centres will be to ensure that there is an adequate system of control on
retail growth in West Bowmanville. Based on the consultants' recommendation to
REPORT NO.: PSD-027-Q6
PAGE 33
review retail policy issues again in 2010 and for the reasons outlined in Section 7.6.4,
the retail cap is considered effective as a threshold mechanism and provides
reasonable flexibility to the retail developers to lease up to construct their projects.
7.7 Adjustment to Floorspace Permitted
7.7.1 In moving from the retail thresholds toa retail cap mechanism, staff reviewed the
floorspace calculations and definitions of retail and service space. This resulted in an
upward adjustment of 5,000 sq. m (54,000 sq. ft.) The June 2005 version of Official Plan
Amendment 44 proposed a total floor space limit of 75,000 sq. m. by 2010. The
revisions -tbAmertdmenr44 now provide for 80,000 sq.m.-at-2010, in separate
categories as follows:
. Retail Space 73,000 sq. m.
. Service Spl:tce 7,000 sq. m.
The changes in the floors pace are the result of changes in definitions, inclusion for
potential growth in liquor/beer/wine and specialty food categories and modest changes
to the percentage of service space provided for in West Bowmanville.
7.7.2 Staff initially considered increasing the service floors pace by a greater amount, due to
the significant growth occurring in West Bowmanville. However, staff decided to take a
more conservative approach, providing for the Bowmanville East Town Centre and
other areas to attract a greater share of the anticipated service growth. Based on
several discussions with urbanMetrics, a total of 45,500 sq. ft. of new personal service
floorspace has been provided for in West Bowmanville Town Centre. This is
approximately 30% of anticipated new service and other retail space by 2010.
7.7.3 The calculation of the Retail and Service Floorspace Cap is based on the following:
Retail and Service Floorspace Limits to 2010
Retail Floorspace Limit
Evaluated Retail Space -Existing and Proposed as Recommended' ....... 760,000 sq. ft.
Existing UBIW and Specialty Food2 ....................................................... 12,600 sq. ft.
Provision for additional UBIW and Specialtv Food to 201~ ................... 12.400 sa. ft.
Total Retail...........................................:............................. ...................... 785,000 sq. ft.
Rounded to ........................ 73,000 sq. m.
Service Space Floorspace limit
Existing Service and Restaurant Space' .................................................... 33,100 sq. ft.
Provision for additional Service and Restaurant Space to 20104................45.500 sa. ft.
Total Service Space................................................................................... 78,600 sq. ft.
Rounded to ........................... 7,000 sq. m.
Clarington Commercial Policy Review - Addendum Market Analysis Appendix 0 (May 9,2005)
ClaringlOn Commercial Policy Review: Background Oata - August 20", 2004
Clarington Commercial Policy Review: Addendum Market Analysis (May 9,2005) represents 4 % of estimate of Service
and Other Floorspace to 20 lOin Appendix C,
Clariogton Commercial Policy Review: Addendum Market Analysis (May 9,2005) represents 30 % of estimate of
Service and Other Floorspace to 2010 in Appendix C, Addendum Market Analysis (May 9,2005)
1
,
,
4
REPORT NO.: PSD-027-06
PAGE 34
7.7.4 urbanMetrics has confirmed that the figures now incorporated into Official Plan
Amendment 44, based on the calculation above, are supportable from a market demand
and impact perspective and reflect the advice provided by them (Appendix 7).
7.8 Measures to Protect Role of Downtown Areas
7.8.1 The retail fabric of Clarington's downtowns is primarily comprised of smaller retailers,
personal service uses, banks, offices, and restaurants. Many of the retailers are
SPElc@lizecln~nd.c>ffern a high level of service" One, of the main principles of the
Commercial Policy Review-is to ensure the -hecilO1ariCl vitaliWofthecaowntowns. In
order to protect the planned function of Clarington's downtowns, certain uses and
functions would be encouraged to remain in the downtowns.
. Banks are important anchors in Downtown Bowmanville. The number of banks
permitted in the Bowmanville West Town Centre will be limited to two full service
banks (two currently exist in Clarington Centre and Clarington Place): Loblaws has a
financial kiosk in its existing development and they will be permitted to maintain their
financial kiosk in the new Superstore to a maximum floor space of 50 sq. moo
. Professional office functions are an important component in Downtown Bowmanville.
New office or medical/dental space will not be permitted on the ground floor. It will
only be permitted if it is constructed on the second or subsequent floor of a building.
. Both West Diamond and Halloway propose a number of smaller street-related retail
pads along Durham Highway 2. The commercial policies and Zoning By-law
propose limits on the number and size of smaller retail units (less than 300 sq. m. or,
3,230 sq. ft.) available within new retail development. The West Diamond site will
only be permitted to have 3 smaller stores and the Halloway site will only be
permitted to have 4 smaller stores. This will reduce the possibility of smaller retailers
similar to the downtown from being accommodated within the new developments.
7.9 Conclusions
Based on the extensive retail market analysis prepared by urbanMetrics and their
ongoing review of information provided by applicants and others, the following market
conclusions have been reached:
. There is opportunity for all of the proposed new retail and service space in the West
Bowmanville Main Central Area by 2010 assuming that the AYT Corporation site is
not developed during this period. This includes the opportunity for development to
occur in other designated sites in Clarington including the Torgan site, the Courtice
Town Centre, and limited development in other locations.
. The Wal-Mart and Loblaws Superstore on the West Diamond site would both be
, able to construct their full stores provided that their first full year of operation does
not occur until 2008. The implementing zoning by-laws would not permit occupancy
to occur until February 2007, which limits the first full year of operation to 2008.
REPORT NO.: PSD-027-06
PAGE 35
. There is room for two large-format home improvement stores in the Clarington
market, based on the probability of achieving a high recapture rate. Two stores
however would have lower sales performance levels than a single store in the short
run.
. The A YT Corporation proposal would create much higher sales impacts on the East
Bowmanville Town Centre than the West Diamond and Halloway projects and it
would have very significant short term sales impacts in certain categories. Even
after 2010, assuming that the other projects are approved and built, the incremental
effect would result in significant sales impacts on existing businesses over the longer
term as well.
. The use of a commercial f100rspace cap or limit provides similar protection to the
.threshold mechanism and is reasonable and appropriate approach given the short
timeframe iI,volved and recognizing the natural phasing of larger projects.
. The introduction of certain mechanisms in the Zoning By-law to limit the number of
banks, the location of professional and medical office space to second floors of
buildings and the limitation of smaller stores in the Street-Related Commercial
Zones provide an additional level of protection and distinction of. the West
Bowmanville space from the historic downtowns.
8.0 PLANNING ISSUES
This section will review the major planning issues underlying the recommendations and
some other issues that have been the subject of submissions and ongoing discussions
with the developers and other parties.
8.1 Urban Structure
8.1.1 Proposed Official Plan Amendments 43 and 44 will continue to direct commercial
growth towards existing designated centres. The two amendments provide for an
expansion of the Bowmanville West Town Centre as the primary focus of growth in the
next planning period. From an urban structure perspective, the preferred policy
approach is to concentrate rather than disperse commercial activity to create a higher
order centre that provides opportunities for ongoing development and intensification into
a full mixed-use centre with potential to be served by public transit. The Bowmanville
West Town Centre would grow from approximately 300,000 sq. ft. to 900,000 sq. ft. of
total leasable floor area by 2010 providing the largest shopping district in the
Municipality. Additional growth could occur after 2010 subject to comprehensive study.
8.1.2 The Bowmanville West Town Centre is located on the Regional Transit Spine which will
have the highest level of transit service through Clarington. The location of recreational
and cultural facilities, places of worship and higher density residential will allow the area
to evolve into a truly multi-purpose central area for Clarington.
REPORT NO.: PSO-Q27-06
PAGE 36
8.1.3 The Bowmanville West Town Centre has the best opportunity to reinforce and support
downtown Bowmanville as the historic shopping and service centre for the community.
From the intersection at Clarington Boulevard to. the intersection at Temperance St.
along King Street/Highway 2, the distance is 1.5 km. The Municipality's market analyst
noted the close proximity of the new large-format retail stores in relation to the historic
downtown which is quite different from the opportunities in most communities.
Furthermore, with the revitalization of the Bowmanville Mall and the ongoing'
redevelopment of the East Business District, there would be a tri-nodal arrangement of
shopping facilities that would benefit the historic downtown.
8.1.4 The A YT application for a large-format retail uses at Bennett Road and Highway 401
provides a contrary. direction to the urban form and commercial structure objectives. The
representatives of A YT Corporation indicated to Council that their goal was to provide
Council with a choice of opportunities between large-format centres; one near Highway
401 and the staff preferred location expanding on Bowmanville West Town Centre. The
market research does not support such a large expansion and, even if it were to be
considered for a deferred development opportunity, it should be part of a
comprehensive review undertaken at a later point in time when other options could be
evaluated for such a large commercial node. It may be more appropriate to consider
other locations, in the context of future expanded urban boundaries.
8.1.5 Other than the proposed expansion of the Bowmanville West Town Centre to
incorporate the Highway Commercial Area and some adjacent lands, it is recommended
that no new Centres or Districts, additional expansions to Town and Village Centres or
significant commercial areas should not be created over the planning period and should
only be considered through a comprehensive planning process. For clarity, this would
not prevent the designation of additional Neighbourhood Centres as the result of
neighbourhood planning studies.
8.1.6 From an urban structure perspective the preferred policy approach is to concentrate
commercial uses in existing commercial centres. The expansion of the West
Bowmanville Town Centre by inclusion of the West Diamond lands implements this
approach. The existing Centres, as designated in the Official Plan, are and will be
central to the growing population. In addition they form the 'nodes' along Clarington's
main street, a key element of the long term urban structure objectives. The potential
commercial development should be focused, not dispersed which, among other things
provides better opportunities for transit and an opportunity to create a strong sense of
place and identity. This approach is dependent upon, and assumes the achievement of,
the land use, urban design and transportation objectives of Clarington.
8.2 Downtowns
8.2.1 There are three heritage downtowns in the urban areas of Bowmanville, Newcastle, and
Orono. Each one of these heritage downtowns is represented by a Board of
Management of a Business Improvement Area - BIA. The three heritage downtowns
have also been identified as potential Community Improvement Areas in the Clarington
Official Plan.
REPORT NO.: PSD-027-06
PAGE 37
8.2.2 Through the process of the Commercial Policy Review, staff considered the policy
framework that guides planning decisions to ensure the viability of Clarington's heritage
downtowns. This is mandated by the Provincial Policy Statement (PPS) and reinforced
through the Clarington Official Plan. For example, the Official Plan's economic
development policies "encourage new retail and commercial developments, while
promoting traditional downtown areas as distinctive and attractive locations for retail,
office, institutional, tourism and civic purposes".
Jhe objec!ivenofth~ Municipality thro_lIghits_planning policies has been to achieve a
balance between additional retail space warranted by Clarington's population growth
and the continued viability of the heritage downtowns. The recommendations of this
Commercial Policy Review reflect this balance.
8.2.3 Over the last eighteen months, staff, and the market consultants retained by the
Municipality met numerous times with representatives of the three Business
Improvement Areas. At these meetings, staff and consultants shared 'the preliminary
site plans and market report findings with representatives of the BIAs and explained the
planning process for the proposed developments.
In January 2006, the Municipality received a letter from the Chair of the Bowmanville
Historic Downtown BIA outlining their concerns with the proposed commercial
development in the West Bowmanville Central Area. In their letter, The Board of
Management does not question the need for the development, the market impact of the
new retail/service space on the viability of the historic downtown over time, the type of
stores, nor is the Board concerned with the appropriateness of the location; rather the
Board is mainly concerned with the timing of the development.
The BIA suggests that the development should only proceed when Clarington reaches
the necessary population thresholds to support additional retails/service space and
should not be built as one single project in 2007. The market-related concerns of the
Bowmanville BIA are addressed in Section 7.
8.2.4 The Orono BIA does not have any objections to the development proposed through
Official Plan Amendments 43 and 44. At the time of the writing of this report, the final
position of the Newcastle BIA is not known.
8.2.5 The Municipality has provided support for the heritage downtown areas over the years
and through the consideration of the current expansion proposal in a number of ways as
follows:
. Streetscape and parking area improvements.
. Community Improvement Plans.
. Funding from development interests to support BIA initiatives.
These initiatives are reviewed in subsequent sections.
REPORT NO.: PSD-027-06
PAGE 38
8.2.6 The Municipality has demonstrated its commitment to ensure a strong and vital
downtown in Bowmanville. Beyond the traditional streetscape improvement projects
recently completed in 2005, the Municipality expanded the municipal facilities including
a new main central library. This year, the Municipality will undertake the King Street
Fa~ade to fill a "gap" in the street-wall in the heart of the Historic Downtown.
8.2.7 The Municipality has recently resolved to build a new library facility in downtown
Newcastle, reinforcing it as a destination place.
8.2.8 In 2005, Council adopted the Community Improvement Plans for Bowmanville and
Orono downtowns.
The Communi~' Improvement Plan for Orono recommends a municipal grant program
for improved signage, fa~ade renovations, additional municipal parking, and streetscape
initiatives.
For the Bowmanville East Town Centre, including the Historic Downtown, the
Community Improvement Plan recommends financial incentives through development
charges for the redevelopment of Brownfield sites, housing intensification, and
conversion to mixed use. Another set of incentives are provided through a municipal
grant program to offset the fees for building permits and site plan. Grants are also
available for fa~ade improvements and Building code updates.
In 2005, almost $35,000 in grants have been approved in Orono and Bowmanville
under the grant programs established in the Community Improvement Plans. The grants '
have provided for projects that would result in enhanced commercial facades, new
signage and improvements to heritage buildings in historic downtowns.
8.2.9 Staff recognizes that Newcastle is the only heritage downtown in Clarington without a
Community Improvement Plan. Therefore, staff is recommending to Council that a CIP
be prepared for this area in 2007 and that similar grant and incentives programs be
extended to Newcastle.
8.2.10 As part of the negotiations with the developers in West Bowmanville, the Municipality
obtained a commitment for $670,000 to be paid to the Municipality for the use of the
three BIA's. This commitment from West Diamond and Halloway could be used to fund
marketing programs or other assistance to the BIAs and to assist in funding grant
programs under the community improvement plan. This funding from the developers
was made conditional that the BIA's would not appeal or support an appeal to the OMB
relating to the planning documents.
Summarv
8.2.11 Heritage downtowns are facing stiff competition from large-format centres, all of which
are now located outside of Clarington. Bowmanville and other heritage downtowns
have to adjust and focus on their niche markets and strengths in service. As noted in
REPORT NO.: PSD-027-06
PAGE 39
Section 7.2 above, this competitive pressure will continue whether large-format centres
located within or outside of the community.
8.2.12 Based on the market analysis commissioned by the Municipality, we can conclude that
any possible negative impact will be ameliorated by additional population growth,
municipal initiatives and implementation of the Community Improvement Plans, the
marketing and special event initiatives of the BIAs, and the repositioning of the
downtown retail stores to better compete with new stores in the community.
8.2.13 It is recommended that a community improvement plan study be undertaken for
Newc-astle in'2U07: .. u u -...... ...-
8.3 Commercial Uses in Employment Areas
8.3.1 The Clarington Official Plan currently permits large-format retail uses in industrial areas
by amendment to the Plan, and subject to various tests. The proposed policies
contained in Amendment 43 at the June 131h, 2005 public meeting proposed a more
limited policy, limiting the potential permission to a home improvement centre. Based
on additional review of this policy, Staff are recommending that all large-format retail
use permissions in industrial areas be removed from the Plan.
8.3.2 The Clarington Official Plan sets employment targets and seeks to achieve balanced
growth. The employment targets for Bowmanville are set at 23,500 jobs by 2016. The
Plan has the objective of obtaining 1 job for every 3 residents by 2016. In 2001, the
jobs/population ratio in Clarington was 25% or one job for every 4 residents, which is
below the Plan's target.
8.3.3 Jobs in the commercial sector are largely tied to local residential growth and generally
increase over time as the retail and service industry expands to serve additional
population. By contrast, industrial uses are much less dependent on local residential
growth. Industrial location factors include proximity to market, transportation
infrastructure, available skilled workforce, labour rates, energy rates, and many other
factors. Communities are now competing for industrial growth on a global scale.
8.3.4 In order to meet our jobs/population target and to compete for industrial growth,
sufficient and good quality industrial lands need to be preserved, even if development of
these lands occurs over a longer timeframe. The employment targets in Clarington's
Official Plan cannot be met without significant non-commercial employment growth.
While a big box retail centre would also create jobs, employment of this nature is often
not as highly skilled and therefore not as highly paid. They would not assist in'
diversifying the Municipality's economy and may, if f100rspace is advanced too early,
result in a decline in jobs in existing commercial areas. In contrast, industrial
development creates spin-off employment which helps to support retail jobs in the
community.
REPORT NO.: PSD-027-06
PAGE 40
8.3.5 While Durham Region in general and Clarington specifically have had difficulty
competing for industrial employment in comparison with areas west of Toronto, there
are changes on the horizon that will increase our opportunities:
. The University of Ontario Institute of Technology has been established to develop
into a center for excellence in technology. The presence of the University will act as
a catalyst for new investment, particularly in the automotive and energy technology
sectors. The University's mandate includes a significant research and
commercialization of technology developed through its various industry partnerships;
. Highway 407 will be built over the next decade providing important new
infrastructure;
. A new airp^1in Pickering will gradually lead to spin-offs and be an advantage for
certain industries;
. The Province's Growth Plan will need to provide supports for a better live-work
balance to address the gridlock created by extensive commuting; and,
. The presence of the biotech sector in Clarington can be a catalyst to attract similar
high-profile businesses to the area.
8.3.6 There are four primary concerns with the potential conversion of industrial lands to
commercial uses:
. The pressure for conversion of industrial lands is a GTA wide phenomena and a
longer term view is essential to preserve opportunities for future economic,
prosperity, employment diversity and live-work relationships;
. Unlike other municipalities in Durham, Clarington will have no opportunity to
designate new industrial lands along the Highway 407 corridor;
. A comprehensive study of employment land needs, which has not been undertaken,
is necessary prior to considering any conversion; and,
. Clarington has a limited supply of prestige Highway 401 industrial land frontage.
The conversion, especially along Highway 401, will create a domino effect, leading
to conversion pressure on adjacent lands.
8.3.7 Across the Greater Toronto Area, there is concern with the impacts on the Greenbelt
and the Growth Plan on the competition for serviced land. There has been a noticeable
trend to convert some key employment lands to residential or major commercial uses
due to the higher value for those uses. This has led to concerns about the loss of
employment lands and the ability to provide opportunities for employment areas over
the longer term. As a result, this issue was addressed in part through the new
Provincial Policy Statement, effective March 1, 2005. The Provincial Growth Plan is
addressing the matter further through its Places to Grow initiative.
REPORT NO.: PSD..()27..()6
PAGE 41
8.3.8 The loss of employment area lands with highway frontage will provide only inferior
industrial sites inboard from the transportation corridor. Unlike other parts of Durham,
Clarington will have no opportunity to designate new employment lands along the
Highway 407 corridor.
8.3.9 For the above reasons, staff are recommending that policies allowing the conversion of
industrial land for commercial uses be removed from the Clarington Official Plan and
that the A YT Application be denied.
8.4 Home Depot Store
8.4.1 At the meeting on July 15, 2005 Council directed staff to consider the Home Depot
proposal along the west side of Clarington Blvd. Home Depot has offered to provide
mitigating me?sures to the concerns raised by staff in the letter submitted by their
consultant on July 13, 2005 by agreeing to construct a LEED certified building and
various architectural enhancements. Many of these changes would require adjustments
to the standard operating practices of Home Depot.
8.4.2 In the preparation of the planning documents, staff have been cognizant of the
representations made by Home Depot and have included them in the Official Plan and
Zoning By-law amendments. Some of the key elements are:
. Only an 80 sq. m. (860 sq. ft.) outdoor display area is permitted.
. A 930 sq. m. (10,000 sq. ft.) seasonal garden centre is permitted.
. The outdoor storage area is fully enclosed on three sides and will be incorporated
into the back of the garden centre.
. The display of sheds will only be permitted within the garden centre.
All of these provisions will require strict enforcement.
8.5 Service Stations
8.5.1 The West Town Centre Secondary Plan does not provide for service stations at key
intersections along Highway 2, specifically at Regional Road 57, Clarington Boulevard
and Green Road. Service stations do not support the pedestrian retail objectives of the
Street-Related Commercial designation.
8.5.2. During the Commercial Policy Review, Canadian Tire has made enquiries with respect
to the property on the south-west corner of Regional Road 57 and Highway 2. They are
proposing to develop this site for a combination service station and drive-through
restaurant.
8.5.3. This proposal is not consistent with the Secondary Plan provision or with the
Municipality's objective to see a significant office development on this corner to provide
a variety of employment opportunities.
REPORT NO.: PSD.Q27.Q6
PAGE 42
8.6 Parking Standards
8.6.1 The parking standards for large-format developments introduce a minImum and a
maximum parking space standard. While this still provides a wide range for the stores,
for the first time, it starts to put a limit on the number of parking spaces. Over time, staff
would like to reduce this standard to ensure there is not an over supply of parking and
to encourage transit use.
8.6.2 Staff have introduced other improvements to the parking provision of the Zoning By-law
including requirements for disabled parking and bicycle parking at all new stores.
8.7 Garden Centres and Outdoor Display Uses
8.7.1. Most of the large-format stores have indicated a need to provide for permanent and
seasonal garden centres and outdoor display areas. As Council will recall, staff had
concerns with the Home Depot outdoor display area, which includes sheds, hot tubs,
fence sections, and rental dumpsters. In staffs view, this would be detrimental to the
street environment particularly along Clarington Boulevard. Home Depot has
incorporated ml,lch of their outdoor storage and display areas within the fenced structure
along Clarington Boulevard.
8.7.2 The Zoning By-law prohibits outdoor display and storage area on these lands except
where specifically provided for. Since all three large-format stores desire outdoor
display and/or garden centre uses on their lands, specific provisions have been
negotiated with each use. Both Home Depot and Wal-Mart will have 80 sq. m (900 sq.
ft.) outdoor display areas. In addition, Wal-Mart is permitted a 900 sq. m. garden centre
and Home Depot is permitted a 1,630 sq. m. garden centre. Loblaws Supercentre will
utilize the area under the canopy of the mezzanine for outdoor display.
8.7.3 Seasonal garden centres are proposed on each of the sites, ranging from 10,000 sq. ft.
to 15,000 sq. ft in size. These are provided for in the Zoning By-law amendments.
They are restricted to 90 days annually, despite requests for longer openings. In staffs
view, 90 days at the start of the garden season is sufficient and thereafter, garden
supplies should be removed from the parking areas and located within the permanent
garden centres or outdoor display areas.
8.8 High Density Residential
8.8.1. The existing Secondary Plan for West Bowmanville provides for the development of
higher density residential uses along Prince William Boulevard. The current policies
limit building height to 6 storeys and unit density to 150 units/hectare. The housing
targets for the Bowmanville West Town Centre are 1,500 high density apartment units.
8.8.2. A submission for increased density was received from the Kaitlin Group for its high
density land holdings within the Bowmanville West Town Centre. They have requested
that the building height be doubled to 12 storeys and that the residential density also be
doubled to 300 units/hectare for the following reasons.
REPORT NO.: PSD-027 -06
PAGE 43
. The current density and height provisions will not allow the housing targets to be
fulfilled, given the available land designated for high density residential development.
. A building height of 6 storeys is not a cost effective building height for the installation
of underground parking. In order to offset these costs, additional density and height
are necessary.
8.8.3 Based on a review of the submission, the Secondary Plan provides for two levels of
higher density development. For the Mid High Rise Density the density and building
height-poliCies-are proposed to be doubled to 300 units/hectare and 12 storeys
respectively for the following reasons.
. The 2005 Prnvihcial Policy Statement and proposed Provincial Growth Plan promote
a variety of housing types, intensification and increased residential development
densities.
. Higher residential densities in this area are compatible with and supportive of
existing and proposed land uses including future higher order transit.
. The Municipality's transportation consultant has indicated that these densities can
be accommodated by the existing and proposed road network. Higher residential
densities will assist in evolving the area into a strong animated pedestrian retail
environment.
. Staff agree that the current densities do not permit cost effective underground
parking development. Increasing the density and building height should improve this
situation.
8.9 Public Use Facility on West Diamond Site
8.9.1 At the time of the adoption of the Clarington Official Plan, the Kaitlin Group proposed
that lands on the north-east corner of Highway 2 and Green Road (approximately 20
acres of the current 29 acre West Diamond site) be used for Highway Commercial uses
including those of a semi-industrial nature. As part of their proposal, the proponents
offered Council a 0.5 ha (1.24 acre) site for a tourist information centre. This
commitment was incorporated into the Official Plan as a requirement for a public use
facility through the policies for Special Policy Area H - West Bowmanville Gateway.
8.9.2 This provision was retained in the version of Amendment 44 presented at the public
meeting on June 13,2005. The Municipality had no current plans to construct a public
use facility in this location. In negotiating a settlement with West Diamond, staff have
provided for the release of this obligation in return for a payment to the Municipality of
$150,000.
REPORT NO.: PSO.Q27-06
PAGE 44
9.0 TRANSPORTATION ISSUES
9.1 Grid Street System
9.1.1 Totten Sims Hubicki undertook a strategic review of transportation requirements for the
area based on their earlier work in 1999, a review of the traffic reports submitted by the
development proponents and discussions with the Study Team. The main
transportation network currently proposed for the Bowmanville West Town Centre is
based on King Street/Durham Highway 2 (Highway 2), Regional Road 57 and Green
Road serving as designated arterial roads. These roads in turn are served by a system
of collector roads, local streets, and private streets in a grid road pattern with blocks to
provide access throughouUhe area.
9.1.2 The development of the grid road system is critical to the established vision and function
of Highway 2 as a "main street" through the Bowmanville West Town Cel')tre. The minor
roads making up the grid allow for flexibility in access and internal traffic circulation, and
alternative routing for local trips. When fully developed, the grid system will facilitate a
reduction in traffic demand along Highway 2, and specifically a potential reduction in the
turning movements at the signalized intersections.
9.1.3 The strategic transportation review considered the residential areas to the north and
south of the Bowmanville West Town Centre, and identified the need to provide
alternative routes to complement the major arterial roads. The north-south grid road
links extend from the West Bowmanville area into the northerly areas and intersect with
a newly proposed Brookhill Boulevard and the planned extension of Longworth Avenue.
9.1.4 The strategic transportation review also considered linkages between the commercial
and residential areas, future transit service and routing, emergency access, school
transportation requirements, and the desired flexibility in route choice for commercial
and residential traffic. Addressing those transportation requirements in a the context of
a system has confirmed and defined the role and function of Highway 2 as a "main
street" according to the vision established by the Official Plan.
9.1.5 As retail commercial growth occurs it will be critical to ensure that transportation
network capacity can accommodate new growth in a safe and efficient manner.
Although the Municipality has been able to implement both public and private
components of the transportation network where development has occurred, missing
links within the grid put added pressure on existing roads. Some of the missing links
within the Bowmanville West Town Centre, include alternate east-west connections to
Highway 2, between Regional Road 57 and Green Road, such as Prince William Drive
and Uptown Avenue.
Similarly, the construction of the Green Road underpass and extension to Baseline
Road, and the extension of Clarington Boulevard north to connect with an extended
Longworth Avenue are all components that will allow for the successful development of
the Bowmanville West Town Centre.
REPORT NO.: PSD-027-06
PAGE 45
9.2 Brookhill Boulevard - A New East-West Collector
9.2.1 The strategic review undertaken by TSH identified the need for a new major east-west
collector road to serve both the growing development within the Bowmanville West
Town Centre, as well as the growth planned for the Brookhill residential neighbourhood
abutting to the north. The proposed new road has been identified as Brookhill
Boulevard and is to be located immediately abutting or slightly north of the Bowmanville
West Town Centre providing a connection between Regional Road 57 and Boswell
Drive along the west limits of the Bowmanville urban boundary. Brookhill will be located
far enough north of Highway 2 to allow for signals where it intersects with Regional
Road 57.
9.2.2 Brookhill Boulevard will be an important link in the transportation grid but will only be
constructed in conjunction with residential development to the north. Negotiations with
West Diamond have provided for Brookhill Boulevard to be constructed in the first
phase of its residential development to the west of Green Road. East of Green Road,
the easterly portion of the Brookhill Boulevard alignment is not within lands in the
ownership of 1613881 Ontario Inc. which is associated with West Diamond.
9.2.3 The Principles of Understanding with West Diamond and 1613881 Ontario Inc. (Section
11), provide for a traffic study to examine the need to complete Brookhill Boulevard from
Regional Road 57 to Green Road at the time of the development of 1613881 Ontario
Inc.'s lands east of Green Road and north of the Clarington Central Secondary School.
If the study concludes that there is a need for the road to be constructed from Green
Road to Regional Road 57 before residential development proceeds east of Green
Road, the construction of this road will become a condition of draft plan of subdivision,
approval so that premature residential development does not take place. Although this
does not guarantee completion of the road east of Green Road within a specified time
frame, it will assist to the development of the needed linkages in the grid system.
9.3 Uptown Avenue and Stevens Road
9.3.1 The 1999 strategic review of transportation requirements for the Bowmanville West
Town Centre by TSH identified the need to provide a continuous east-west link between
Regional Road 57 to the east and Boswell Drive to the west, north of Highway 2, to
serve the proposed development within the Secondary Plan area. That northerly east-
west collector was provided for on a curvilinear alignment to connect to the existing
section of Uptown Avenue. It was viewed as an important link to the commercial
development as well as the recreational and institutional uses associated with Garnet B.
Rickard and the Ken Hooper Fire Hall.
9.3.2 Through the recent transportation review associated with this Study, staff and TSH
recommended that the Uptown Avenue alignment be maintained between Regional
Road 57 and Green Road. This alignment was provided for in Official Plan Amendment
44 as presented to Council in June 2005. On July 15, 2005 Council decided to replace
the Uptown Avenue minor collector road by extending Stevens Road generally along
the unopened road allowance south of the Clarington Central High School.
REPORT NO.: PSD-027-06
PAGE 46
9.3.3 From a transportation perspective, a relief road on the Stevens Road alignment will
provide many, but not all, of the same functions as the Uptown Avenue alignment as a
minor collector road. However, the Stevens Road alignment has an additional cost
premium to the Municipality that was not previously identified as a result of its longer
length and land acquisition costs, or alternatively relocation of the skateboard park.
This matter was previously reviewed in Addendum 2 to Report PSD-077 -05.
9.3.4 Staff have revised Official Plan Amendment 44 on the basis of Council's direction and
-addresse!LtbeJssue_oLcostsilLtl1ene90tiations with the developers which results in the
recommended Stevens Road Extension Agreement with the Municipality (Section 11).
9.4 Funding and Timing of Construction of Stevens Road Extension
9.4.1 The Stevens Road Extension is estimated to cost $ 1.7 million from Regional Road 57
to Green Road. The most expensive component is the culvert works for crossing the
Brookhill Creek tributary. The proposed funding arrangements are as follows:
. Green Road to Clarington Blvd. - Developer's Share at $596,000
. Clarington Blvd. to Regional Rd. 57 - Municipal Share at $1.1 million
The Municipal share is funded through development charges. The municipal share
includes either land acquisition or relocation of the skateboard park.
9.4.2 The Stevens Road Extension Agreement is reviewed in Section 11 of this report. It
addresses the obligations of the Municipality, Halloway and West Diamond with respect
to this project and provides for phased construction. The Municipality will be
responsible to undertake the design and construction of the entire Stevens Road
extension, including the developer-funded section.
9.4.3 The Director of Engineering Services has advised that it would be desirable for the
Stevens Road extension to be opened for traffic prior to or about the same time that the
first store is proposed to be constructed for retail commercial or service uses, located on
either the Halloway or the West Diamond site. However, this may not be possible if a
delay results from completing the environmental assessment and design work, the short
construction window for the culvert works on the Brookhill tributary (July 15 to
September 15) and the coordination of road improvements with the Region at Regional
Road 57. In these circumstances staff recommend that the Municipality accept
responsibility for the timing of the construction of the road, on the understanding that it
may be up to a year after the opening of the first large-format retail store on the West
Diamond and Halloway lands.
9.4.4 The Municipality proposes to commence construction of Stevens Road as soon as is
reasonably practicable following final approval of Official Plan Amendment 43, Official
Plan Amendment 44, the Zoning By-law amendments and the required Environmental
Assessment. Design work will be undertaken in 2006.
REPORT NO.: PSD-027-06
PAGE 47
9.5 Other Public Infrastructure Improvements
9.5.1 Within the Bowmanville West Town Centre, the transportation infrastructure required to
support continued growth includes expenditures from the Region, the Municipality, and
the private sector. Intersection improvements along Highway 2, including signalization
at Boswell Drive and Green Road are required. Boswell Drive south of Highway 2 must
be reconstructed as part of the intersection improvements and the extension of Boswell
Drive northerly. In addition, the median requires extension along Highway 2 from the .
existing limits just east of McDonald's all the way to Boswell Drive. Under their
Principles of Understanding with the Municipality (Section. 11) the developers are
required to enter into a arrangements witti the Region of Durham for the Highway 2
improvements, The Municipality will be responsible for installing sidewalks and street
lightina along Highway 2.
9.5.2 The transportation review also considered the Municipality's plans to construct the
grade separation and road improvements for Green Road. Council has authorized staff
to commence the Green Road grade separation with design work in 2006 and
construction in 2007.
9.6 Private Street Network
9.6.1 The requirement for private streets, as contained in Bowmanville West Main Central
Area Secondary Plan, has been carried forward into Amendment 44. The new private
streets required on the north side of Highway 2 are as follows:
· A continuation of Stevens Road from Green Road across the front of the large-
format stores on the West Diamond site;
· A north-south road accessing the centre of the West Diamond site at Highway 2 and
connecting with the east-west private street which is an extension of Stevens Road;
and
· A north-south road accessing the centre of the Halloway site connecting Highway 2
with Stevens Road.
9.6.2 There is a two-fold purpose for private streets. The private streets provide the major
access points to commercial developments. In the short term, private streets will look
and function as much as possible as an extension of the public street network, thus
contributing to overall traffic circulation in the area. However, over the longer term,
private streets will be suitable for assumption as public roads as the area redevelops
and intensifies. This will provide a finer grid public road system which can eventually be
incorporated into the public road network without insurmountable obstacles. To this end
the Municipality requires "options to purchase" for the private roads which could be
exercised in a redevelopment situation when the floor space index exceeds 0.4.
9.6.3 To effectively implement this objective greater detail has been added to the Secondary
Plan and the private street network is addressed in the agreements with the West
Diamond and Halloway.
REPORT NO.: PSD.027-06
PAGE 48
9.6.4 While the north-south streets on both the West Diamond and Halloway sites can be built
in a similar manner to a public street with limited access points. The traveled lanes,
sidewalks and boulevards would be centered within the 18 to 20 m road allowance. The
same cannot occur for the east-west street in front of the large-format stores. The road
allowance incorporates the landscaped parking islands and extends into the parking
area. At such time as intensification occurs, the parking configuration would be
changed with buildings and decked or underground parking. In this instance, the
required minimum right-of-way width would be secured.
9.6.5 Since one"of the purposes for the private streets is to provide a future finer grid of public
streets in the future, private streets should align with other public or private streets. This
is accomplished with the east-west private street on the West Diamond site intersecting
with Green Ro~:: at Stevens Road. However, the Halloway proposal does not achieve
this objective. The proposed location and configuration of the Home Depot store
pushes the north-south private street accessing the Halloway site further west than the
existing private road on the south side of Highway 2 by the McDonalds in'the Clarington
Centre.
9.6.6 Three options were reviewed as part of the proposal for the Halloway development (See
Attachments 13, 14, and 15).
Option 1
Align street on Halloway site to private road on Loblaws site at Clarington
Centre south of Highway 2.
Option 2
Require the private road at the Clarington Centre to be realigned with the
private road to the north on the Halloway lands.
Option 3
Accept the potential oft-set intersection.
If Council supports the Home Depot store in its proposed location and configuration,
there is no solution which would provide for the private streets to align without Loblaws
cooperation, which is not forthcoming. Therefore Option 3 is the only viable option.
9.7 Release of Contractual Obligations of Halloway for Uptown Avenue
9.7.1 Halloway assumed a development agreement for the construction and dedication of a
portion of Uptown Avenue for a distance of approximately 94 metres west of Clarington
Boulevard. With the Council's decision to relocate the northerly east-west collector road
along the Stevens Road alignment and, more particularly, to locate the Home Depot
store along Clarington Boulevard, the extension of Uptown Avenue westerly was no
longer feasible. In negotiations with Halloway, it was agreed to release it from this
obligation to construct and dedicate the road and to transfer a 0.3 m reserve in return
for payment to the Municipality of $200,000. This matter is covered in the Principles of
Understanding between the Municipality and Halloway (Section 11).
REPORT NO.: PSD-027-06
PAGE 49
10.0 URBAN DESIGN POLICY ISSUES
10.1 Introduction
10.1.1 The framework for the Bowmanville West Town Centre Secondary Plan is based on the
integration of land use, transportation and urban design. This requires a strong
commitment to creating a strong sense of place with a mix of uses. In order to achieve
this there needs to be a clear urban design vision and policies for the Bowmanville West
Town Centre.
-
10.1.2 The inclusion of detailed urban design policies within the Secondary Plan, particularly
the inclusion of numeric standards, created a high level of concern for the development
proponents. While, not objecting to most of the general principles, there was concern to
provide greater ~exibility in the Official Plan.
10.1.3 The urban design policies were also reinforced in the Zoning By-law, where a number of
the critical elements were developed into performance criteria.' Among the most
important are:
. The articulation of facades with projections and recesses.
. The articulation of rooflines.
. The location of doors in relation to the street.
. The percentage of the building facades with glazing.
. Parking lot landscaping.
These criteria were developed to provide for a high level of urban design in developing
big box stores, to activate the street frontages as interesting places and to break up the
larger parking lots with landscaping.
10.2 Small-format Stores on Highway 2 Frontage
10.2.1 One of the key objectives, particularly in light of locating the Home Depot along
Clarington Boulevard, is the creation of a strong street presence and improved
pedestrian environment with buildings along Highway 2. The large-format stores are to
be set-back on the Halloway and West Diamond sites. The front portion of both sites is
now designated Street-Related Commercial. The Secondary Plan requires that 50 % of
the street frontage be occupied by buildings to help establish a sense of a street edge.
Ideally, it would be better to have a higher proportion of the street frontage occupied by
buildings but current traffic speeds, store format requirements and on-site parking
requirements make it difficult to achieve this. Zoning standards require the buildings in
the Street-Related Commercial Area to be built close to the street edge.
10.2.2 It is not simply enough to locate buildings along the street edge; they must have an
interesting and animated street presence. Street edge buildings should not have blank
walls. To this end, the urban design policies and zoning regulations require, among
other things:
REPORT NO.: PSD-027-06
PAGE 50
. Most stores are to have a direct street entrance.
. 40 % of the street-level favade to have transparent glazing.
. Articulation of the building favade and roofline.
. At least 50 % of the buildings to have canopies over entrances.
. Corner buildings to have building elements like towers, bays or other details that
emphasize their importance.
10.2.3 Drive-thru facilities and service stations are not permitted along the Highway 2 frontage
in order to reinforce the pedestrian character of the area.
10.3 Large-Format Stores
10.3.1 New large-foffilat buildings within the Bowmanville West Town Centre require a
combination of building favade recesses and/or projections. The zoning regulations
provide for:
. Building articulation on stores with building facades greater than 30 metres shall
include a combination of projections or recesses having a minimum depth 1.0 metre
and extending a minimum of 20% of the building facade. Articulation of the building
facade must occur a minimum of every 30 metres.
. The roofline is required to vary in height by at least 1.2 m for a minimum 20% of the
roofline length.
. Large-format stores must have a minimum 20% of the primary building fa9ade
constructed of transparent glass.
. Medium-format stores shall construct a minimum 40% of the primary building favade
of transparent glass.
. Other facades of the building facing a street shall incorporate a minimum of 10%
fenestration.
10.3.2 Since June of 2005, there have been negotiations with the representatives of the
proposed Wal-Mart, Loblaws Superstore and Home Depot facilities on the urban design
policies. In each case the Zoning By-law has been tailored to recognizing the building
elevations that have been proposed and revised during discussions with staff. The
elevations of each of the three large-format stores meet the intent of the urban design
policies.
REPORT NO.: PSO..Q27.06
PAGE 51
11.0 AGREEMENTS WITH WEST DIAMOND AND HALLOWAY
11.1 Introduction
11.1.1 Integral to the implementation of the Official Plan Amendments and Zoning By-law
amendments recommended in this report are the following agreements:
. Principles of Understanding between the Municipality, West Diamond and 1613881.
Ontario Inc. ('West Diamond Principles") (Appendix 10).
. Principles of Understanding between the Municipality and Halloway ("Halloway
Principles") (Appendix 11).
. St8vens Road Extension Agreement between the Municipality, West Diamond and
Halloway (Appendix 12).
. Indemnity Agreement between the Municipality, West Diamond and Halloway
(Appendix 13).
11.1.2 It should be noted that following Final Approval of the relevant Planning Documents, the
granting of provisional consents to divide and the approval of a draft plan of subdivision
of relevant lands, as well as site plan approvals under the Planning Act, additional
agreements will be required to be made to implement certain of the provisions of the
West Diamond Principles and the Halloway Principles.
11.1.3The full texts of the agreements referred to in Section 11.1 with the exception of the
Schedules are contained in the Appendices 10 to 13 to this report. A description of the
purpose of the principal provisions of them follows. The description begins provisions "
that are common to both the West Diamond Principles and the Halloway Principles. It is
followed by a description of the principle provisions that are unique to the West
Diamond Principles and the Halloway Principles, respectively. Brief descriptions of the
Stevens Road Agreement and the Indemnity Agreement follow in the next sections of
this report.
11.2 Principles of Understanding: Common Provisions
11.2.1 The West Diamond Principles and the Halloway Principles contain certain provisions
common to both Principles of Understanding that while different in detail are essentially
similar in purpose. Each also contains other provisions that are unique to the particular
development and .properties.
11.2.2 The West Diamond Principles and the Halloway Principles contain copies of a Concept
Plan for Development of the particular owner's commercial lands which are an important
component of the development control strategy. The Concept Plan for Development in
each case shows the location of private roads, the conceptual deployment of buildings
including parking and associated facilities on each of the sites. For the proposed Wal-
Mart, Loblaws Supercentre and Home Depot buildings elevation drawings that have
been negotiated with staff are included as part of the relevant Concept Plan for
Development.
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PAGE 52
11.2.3 The Concept Plans for Development are umbrella plans applying to the entire area of
each of the West Diamond and Halloway commercial lands. These plans are consistent
with and implement the urban design policies of Official Plan Amendment No. 44 and
the applicable urban design performance standards of the recommended Zoning
Amendments. Site plans for development of individual projects submitted for approval
under Section 41 of the Planning Act, are required to be consistent with the applicable
Concept Plan for Development. Among other things, this requirement will assist in .
ensuring that comprehensively planned development of each owner's commercial land
will occur through the site plan approval process under the Planning Act reinforced by
the requirement that site plan agreements be made by the owner with the Municipality.
11.2.4 Under each of the Principles, the Municipality is granted an option to purchase fora
nominal considc3tion private roads for the purpose of dedicating them as public streets
when the intensity of development of floor space on specified areas exceed 0.4 times.
This is importarit in achieving the ultimate planning goal of establishing a grid network of
public streets when intensification occurs in the future.
11.2.5 Each of the Principles prohibits the construction of buildings until either a consent to
divide is granted or a plan of subdivision is approved. Each provides for the making of a
subdivision/consent agreement to ensure that relevant provisions of the Principles are
reflected in a statutory agreement that when registered on title will bind successors of
the owner.
11.2.6 The two Principles contain similar provisions conditioning the obligation to perform
certain duties on "Final Approval" of the relevant "Planning Documents" being received.
Final Approval will occur if there are no appeals on the expiry of the appeal period
respecting the applicable Official Plan and Zoning By-law amendments. If there is an
appeal, Final Approval will be achieved when the OMB or the Court resolves the appeal
in favour of the Amendments.
11.2.7 Additional common provisions provide each of the owners with the rights to have their
Principles unwind if an appeal is taken to the OMB, and to terminate the Principles
within 3 years following Final Approval. The right to terminate could be exercised, for
example. if the owner was to decide that development no longer is practical. If the right
to unwind or to terminate is exercised, each owner has agreed that he will not object to
the Municipality repealing the applicable Planning Documents.
11.2.8 The exercise of the right of an owner to unwind or terminate does not affect that owner's
duties to pay for the release of the public use land or the transfer of reserve lands and
the release of registered agreements from the title to the proposed Home Depot lands
as discussed below. The exercise of the right to terminate also does not affect the BIA
payment if certain conditions are met by the BIAs and their members. This is also
discussed below.
REPORT NO.: PSD-027-06
PAGE 53
11.2.9 The exercise of the right to terminate will not terminate certain covenants of West
Diamond respecting the provision of Boswell Drive and Brookhill Boulevard as
provided for in the West Diamond Principles and discussed in Section 11.3.2, although
an amendment will be deemed to be made to the provisions respecting Boswell
Avenue from Highway 2 north to the north limit of West Diamond's commercial lands.
11.2.10 Under both Principles the owner is required to require purchasers, mortgagees and
long term lessees of the lands subject to the Principles to enter into an agreement with
the Municipality assuming relevant obligations of the owner before completing the
transaction. Provision is made for the assumption agreement requirement to
terminate when the Municipality in effect is made secure by other means that the
intert of the applicable Provisions will be achieved.
11.2.11 With regard:-.; the recommended development control strategy, Official Plan
Amendment 44 provides for the use of the H (Holding) symbol in the Zoning of the
West Diamond and Halloway properties. Each of the Principles provides criteria for the
removal of H (Holding) Symbol that are intended to ensure that the objectives of the
Plan will be achieved or secured before land is released for development. Each of the
Principles provides for the deletion of the H (Holding) symbol, in effect, only when the
critical provisions of the Principles designed to achieve the Plan objectives have been
satisfied. .
11.3 West Diamond Principles of Understanding: Unique Provisions
11.3.1 The individual Principles also contain certain unique provisions as well. A brief.
description of them follows.
11.3.2 The West Diamond Principles address the timing of the construction of Boswell
Avenue from Highway 2 to the north limit of the West Diamond commercial lands so
that it and any necessary intersection improvements on Highway 2 are constructed in
conjunction with the construction of the large-format retail stores. The timing of
construction of Boswell Avenue by West Diamond from the north limit of the West
Diamond commercial lands to Brookhill Boulevard and Brookhill Boulevard from
Boswell Avenue to Green Road are required to be undertaken in conjunction with the
first phase of development of the Brookhill Residential Neighbourhood. Boswell
Avenue and Brookhill Boulevard are important components of the planned grid road
network.
11.3.3 1613881 Ontario Inc. (1613881) which is associated with West Diamond is the owner
of the westerly portion of the land north of the Clarington Centre High School between
Green Road and Regional Road 57. The westerly portion of Brookhill Avenue will run
through part of 1613881 lands. 1613881 was represented by West Diamond in the
negotiations. Provision is made in the West Diamond Principles for a traffic study to
take place to determine in effect when Brookhill Boulevard must be extended from
Green Road to Regional Road 57 and whether 1613881's land can take place before
construction of the extension occurs.
REPORT NO.: PSD-027-Q6
PAGE 54
11.3.4 The West Diamond Principles provide for the payment to the Municipality of $150,000
in exchange for the deletion of the public use facility commitment discussed earlier in
this report. The payment is to be made when Final Approval of the relevant Planning
Documents is received.
11.3.5 The West Diamond Principles also provide for the payment to the Municipality of
$600,000 (with indexed adjustments according to the Consumer Price Index) for the
certain BIA purposes and implementation of Community Improvement Plan policies
discussed".in Section 9u oUbisreport. .Ihe payments would begin following Final
Approval of the West Diamond Planning Documents and would be made in 10 equal
annual installments subject to indexed adjustments according to the Consumer Price
Index. West Diamond will be under no obligation to pay the $600,000 if any of the
Bowmanville, l'~ewcastle or Orono BIAs appeal or support an appeal to the OMB from
any of the Planning Documents applicable to the West Diamond lands. Nevertheless
if the Newcastle and Orono BIAs and their members do not appeal or support an
appeal of another person to the OMB, a total of $130,000 would be paid to the
Municipality in 5 equal annual installments subject to adjustments, following Final
Approval of the applicable Planning Documents.
11.3.6 Other provisions require West Diamond to make arrangements with the Region of
Durham respecting Highway 2 improvements to construct the private roads to the
standards set out in cross-section drawing attached to the West Diamond Principles,
and to maintain the private roads that West Diamond constructs until they are
dedicated as public streets.
11.4 Halloway Principles of Understanding: Unique Provisions
11.4.1 The Halloway Principles contain similar provisions to the West Diamond Principles
respecting the construction and maintenance of the private road or the Halloway lands
and respecting arrangements to be made with the Region of Durham respecting
Highway 2.
11.4.2 The Halloway Principles provide for the transfer of a specific 0.3 m land reserve by the
Municipality to Halloway for a nominal consideration. The reserve effectively would
prevent the development of the proposed Home Depot Store unless it is transferred to
Halloway. Other provisions that are intended to be included in the Halloway Principles
will provide for the amendment of the site plan and servicing agreements with the
Municipality which are registered on title from the title to the Home Depot lands in
order to free them from these encumbrances. The servicing agreement includes the
obligation of the owner to dedicate and construct a portion of the previously planned
Uptown Avenue extension west of Clarington Boulevard. As noted in Section 9. in
exchange for the transfer and release from title to the proposed Home Depot lands
existing agreements, Halloway has agreed to pay the Municipality $200,000 following
Final Approval of the applicable Planning Documents.
REPORT NO.: PSD-027-06
PAGE 55
11.4.3 The Halloway Principles also provide for Halloway to pay to the Municipality $70,000
on similar terms and conditions to those described above respecting West Diamond's
$600,000 commitment discussed in Section 11.3.5. In the event that the Newcastle
and the Orono BIAs and any member of them do not appeal or support an appeal of
any portion of the Planning Documents applicable to the Halloway lands to the OMB,
$70,000 will be paid to the Municipality by Halloway for disbursement for the purposes
of these two BIAs and to fund Community Improvement Plan programs described
above in respect of the comparable West Diamond commitment.
11.4.4 it is recommended that CounGil~approve the West Diamond Principles and the
Halloway Principles contained in Appendices 10 and 11 and authorize the Mayor and
the Municipal Clerk to execute Principles of Understanding substantially in the same
form, on behalf of the Municipality.
11.5 Stevens Road Extension Agreement
11.5.1 This Agreement provides for the design construction of Stevens Road extension from
Regional Road 57 to Green Road and its funding. The Municipality will undertake all of
the construction.
11.5.2 Under this Agreement the Municipality is responsible to fund the construction of Stevens
Road from Regional Road 57 to Clarington Boulevard (Municipally-Funded Section). As
noted in Section 9.4.1 the Municipally-Funded Section is 100% funded from
development charges. West Diamond and Halloway are responsible to fund the
construction of the portion from Clarington Boulevard to Green Road (Developer-.
Funded Section).
11.5.3 If the developments proposed by West Diamond and Halloway both proceed they will
split equally the full costs of designing and constructing the developer-funded section to
an Urban Profile. If only one of West Diamond and Halloway proceeds, the developer
who proceeds will pay the full cost of the designing and constructing the Developer-
Funded Section. When the other developer proceeds, he will be responsible to pay the
costs of upgrading the Developer-Funded Section from a Rural Profile to an Urban
Profile. The obligations to fund the Developer-Funded Section, however, are dependent
on Final Approval being received by the Planning Documents and one or both
developers electing to proceed with his development.
11.5.4 The Agreement also provides that:
. The estimated costs of the Developer-Funded Section constructed to an Urban
profile of $596,000 is to be secured by a performance guarantee and adjusted from
time-to-time as provided for in the Agreement.
. The Municipality will commence construction of the Stevens Road extension as soon
as reasonably practicable after one of the developers gives written notice of his
intent to proceed.
REPORT NO.: PSD-027-06
PAGE 56
. The developers are responsible for the "as-built" costs on the Developer-Funded
Section. They will be consulted in the preparation of the tender documents with
respect to the construction of the project.
. Provisions are made in the Agreement for its unwinding or termination as it applies
to one or both developers if that owner's Principles of Understanding unwind or
terminate.
11.5.5 It is recommended that Council approve the Stevens Road Extension Agreement and
authorize the Mayor and Municipal Clerk to execute an Agreement containing
substantially in the form of the Agreement contained in Appendix 12.
11.6 Indemnity Agreement
11.6.1 This Agreement between the Municipality, West Diamond and Halloway provides for the
payment to the Municipality of the costs incurred by it in preparing the agreements
discussed above, including certain costs related to the preparation of the Concept Plans
for Development. Also, it provides for the owner to pay the Municipality's reasonable
legal and consulting costs incurred in connection with any OMS appeal or Court
proceeding arising from an appeal of either or both the West Diamond and the Halloway
Planning Docurnents. The Indemnity Agreement implements Municipal policy regarding
legal and consulting costs incurred by the Municipality in connection with an OMB
appeal.
11.6.2 It is recommended that Council approve the Indemnity Agreement contained in
Appendix 13 and authorize the Mayor and Municipal Clerk to execute an Agreement
substantially in its form.
REPORT NO.: PSD-027-06
PAGE 57
12.0 AYT LARGE-FORMAT RETAIL PROPOSAL
12.1 Introduction
12.1.1 The A YT application proposes a 583,600 sq. ft. large-format retail centre at the
northeast corner of Highway 401 and Bennett Road. Staff understand that there are no
proposed tenants at this time. The application proposes a home improvement store, a .
warehouse membership club, 9 medium-format retail stores (approximately 25,000 sq.
ft. each)of other retail floor space, 35,000 sq. ft. of restaurant space, and a 5 storey
hotel and convention_centre.
12.2 Consultants and Staff Recommend Denial of AYT Application
12.2.1 Staff, on June ~; 2005 staff reported on the applications by A YT Corporation to amend
the Clarington Official Plan and the Municipality's Zoning By-law. Report PSD-096-05 is
contained in Appendix 9. Staff recommended that the applications be refused on the
following basis:
· Retail market impacts from the A YT project are significant.
· Retaining the site for industrial uses is important for diversity of employment
opportunities.
· Retaining key employment sites along Highway 401 is vital for Clarington to
achieve its industrial development and employment goals.
· A big box centre is contrary to the intent of, and would indeed thwart, the.
Municipality's science and technology initiative. It is an incompatible and
competing vision for the area.
· The designation of the AYT lands for commercial uses does not support or
contribute to good urban form or transit-oriented development and it would
diminish the focus of retail growth along the King Street spine.
· Approving the A YT application would "lock in" the Bennett Road interchange and
would have a major impact on the planned transportation network in Bowmanville
for a new interchange at Lambs Road to serve East Bowmanville.
The concerns with respect to major commercial centres within Employment Areas, is
further elaborated in Section 8.3 of this report.
12.2.2 At the June 28, 2005 meeting, Council referred the report back to staff for further
consideration. The applicant had proposed two significant items of interest to Council.
The first was the promise to try to attract a hotel to the site at Bennett Road and
Highway 401. Specifically, the proponent indicated that he could attract a Hilton Hotel
and Conference Centre. The second was a proposal to extend services to the east
Bowmanville Industrial Area "as a public benefit".
REPORT NO.: PSD-027-06
PAGE 58
12.3 The Proposal for a Hotel and Conference Centre
12.3.1 The Hotel and Conference Centre is a permitted use within the Prestige Employment
Area designation. The applicant's lands were designated Light Industrial in recognition
that the interchange would eventually be closed. It is the policy of the Region and
Municipality that future transportation access to east Bowmanville would be provided via
a new Highway 401 interchange at Lambs Road.
12.3.2 Staffhasno information respecting the viability oJ the proposal to attract a Hilton Hotel
and Conference Centre to this site. A Hilton Garden Inn is under construction in Ajax at
the Salem Road interchange. The hotel is expected to open in the spring of 2006 and
will bfJ a full-service, six-storey hotel with 134 rooms. Subsequent phases will include a
convention cen~.d and extended stay suites. The development will be located on the
north-east corner of the new Highway 401 - Salem Road interchange on lands that were
owned by the Municipality and specifically targeted to attract a hotel.
12.3.3 A hotel can be accommodated on the site by redesignating the A YT site from Light
Industrial to Prestige Employment Area, in the context of the Science and Technology
Park Study.
12.3.4 Two other sites at the Waverly Road interchange have zoning permissions for a hotel
and they are serviced. Staff have fielded a number of inquiries about these sites
recently from various investors.
12.4 Servicing the East Bowmanville Industrial Lands
12.4.1 In the public meeting and in the analysis presented by the developer's planner, the
developer's representatives proposed that the approval of the large-format retail
development would provide for the servicing of the East Bowmanville Industrial area
which would be a benefit for attracting industries to the area, including the further
development of the Holburn Science Park.
12.4.2 In order to obtain more detailed information for Council, staff wrote to the developer's
representatives to request clarification of the proposed public benefit (Attachment 16).
The response was provided in an e-mail from the planner (Attachment 17) and in
response to a second request for clarification, a letter from the applicant's solicitor
(Attachment 18).
12.4.3 The Municipality's engineering consultants have advised that it would cost
approximately $5 million dollars to extended services to the area, including the
replacement of deficient portions of the Baseline Road trunk sanitary sewer. The works
include the following:
. Replace deficient sanitary sewer from Soper Creek to Haines Street.
. Extend sanitary trunk sewer from Haines Street to Bennett Road on Baseline Road.
. Extend water supply from Haines Street to Bennett Road on Baseline Road.
REPORT NO.: PSD-027-06
PAGE 59
. Construct Baseline Road.
. Construct stormwater management facility.
. .Construct stormwater sewers along Baseline Road.
Some of these works would be eligible for development charges funding by the Region
or the Municipality.
12.4.4 A YT proposal of July 8 and 11, 2005 is as follows:
. Provided A YT receives approval of its application or an agreed-upon compromise,
A YT agrees to construct Baseline Road from Lambs Road to Bennett Road and
extend underground services including the replacement of the deficient sanitary
sewer frorr,~1aines to the Soper Creek.
. This work would be done prior to a building permit for the large-format retail centre.
. This would be secured in the usual way through letters of credit.
. The developer would require an area specific development charge for the East
Bowmanville Industrial Area, with a front-ending arrangement being provided for,
that would. allow the developer to recover proportionate costs from other
landowners when their lands were developed.
12.4.5 The developer's proposal has been reviewed with the CAD, Director of Finance,
Director of Engineering Services and the Municipality's solicitor. It is staffs view that
there is no public benefit to be achieved from considering the AYT application for the.
purposes of extending services to industrial lands.
The following is noted:
. Holburn has already extended water service along Baseline Road to their
lands and they are in discussions regarding the extension of sanitary sewer
services to the Science Park lands.
The public benefit of approving AYT in order to extend services is reducing in
significance. The Municipality's main concern for the extension of services has been
to have readily serviced industrial land, including within the Science Park. Holburn
has completed their first building and are working on the further development of their
site for their own purposes or for future tenants of the park.
. The developer's proposal does not provide for any servicing until immediately
prior to the construction of the large-format retail centre.
A YT is proposing to service the lands immediately prior to the development of the
AYT lands. This is a standard requirement of the Municipality and the Region. If
services were not available for the site, it would be considered premature. Unless
A YT is provided the opportunity to proceed immediately in the place of the West
REPORT NO.: PSD-027-06
PAGE 60
Diamond and Halloway proposals, Staff do not consider A YT's servicing
commitment to be a significant benefit to the Municipality.
. AYT is not proposing to secure their offer to extend services until they are
ready to proceed.
If Council were to approve the AYT applications, the Municipality has no guarantee
thatthe servicing will be undertaken as proposed by AYT. AYT is proposing to
secure thElHnecessary works immediately prior to getting authorization to commence
the works. . This could be many years from now, when other developers or the
Municipality through its capital works program could proceed with these works for
other reasons. There is no guarantee that the Municipality will even be dealing with
AYT. Staff'~ :nformation is that the lands are currently for sale as a commercial
property. Staff recently fielded inquiries from a pension fund looking at potentially
acquiring these lands.
12.4.6 Staff do not recommend that Council consider the AYT application for the purpose of
providing services to industrial lands. There is no apparent intention to provide
services any sooner than when they would be required by the retail development. It
would not allow for the early servicing of the east Bowmanville industrial lands unless
the developer proceeded to commence construction of the proposed commercial
centre in the near future. This would lead to significant market impacts on the
Bowmanville and Newcastle downtowns.
12.5 Conclusion
12.5.1 We confirm our original position with respect to the A YT proposal for a large-fcirmat
retail development. West Bowmanville is the appropriate location for major commercial
growth and the A YT site at Bennett Road should be maintained for industrial purposes.
If AYT was approved concurrently with the West Bowmanville developments, there
would be an unacceptable impact on the planned function of existing centres in
Bowmanville and Newcastle.
12.5.2 There are no proposed tenants for the A YT project and the proposal appears to be
speculative. Any designation for commercial purposes, even with a deferred
construction time line, would have the effect of impacting land values and negating
Council's other objective for early economic development of the East Bowmanville
lands.
12.5.3 There would not appear to be any public benefit in approving this application in order to
advance serving of the industrial area or attracting a hotel and conference centre
facility. A YT cannot guarantee a hotel when other competing and serviced sites are
available in the Municipality. Furthermore, there is no firm commitment to timing or
security for the services to be constructed.
REPORT NO.: PSD-027-06
PAGE 61
13.0 DISPOSITION OF APPLICATIONS
13.1 West Diamond Properties Inc. and Players Business Park Limited
13.1.1 West Diamond's applications propose to amend the Official Plan and the Zoning By-law
to permit:
. A 151,135 sq. ft. Wal-Mart store;
. A 178,000 sq. ft. Real Canadian Superstore; and
. 40,865 sq. ft. of smaller retail and service stores along the Highway 2 frontage.
13.1.2 It is recommended that the applications be approved to the extent that they are
consistent with Cfficial Plan Amendments 43 and 44 and the Zoning By-law amendment
contained in Attachment 11.
13.2 Halloway Holdings Limited
13.2.1 Halloway's applications propose to amend the Official Plan and the Zoning By-law to
permit:
. A 98,600 sq. ft. Home Depot store with an 17,500 sq. ft. garden centre at the
northwest corner of Uptown Avenue and Clarington Boulevard;
. 51,000 sq. ft. of additional medium-format commercial f1oorspace; and,
. Five retail pads along the Highway 2 and Green Road frontage totaling 38,400 sq. ft.
13.2.2 It is recommended that the applications be approved to the extent that they are
consistent with Official Plan Amendments 43 and 44 and the Zoning By-law amendment
contained in Attachment 11.
13.3 Loblaw Properties Limited Applications
13.3.1 Loblaws owns a 2.44 hectare parcel within Clarington Centre, which contains a 50,400
sq. ft. supermarket. They currently have two sets of applications before the Municipality
as follows:
. An application to amend the Clarington Official Plan (COPA 2000-003) as well as
rezoning (ZBA 2000-020) and site plan (SPA 2000-017) applications to permit a
proposed 37,700 sq. ft. expansion of the existing supermarket; and,
. A rezoning application (ZBA 2003-043) to change the zoning regulations for the
Clarington Centre by deleting the requirement for a food store to operate within
Clarington Centre on lands zoned "C1-14".
13.3.2 The expansion application has been overtaken by the West Diamond application, which
would accommodate a new Loblaws Superstore. Loblaws has retained the original
application as an alternative in the event that the West Diamond application is not
REPORT NO.: PSD-027.06
PAGE 62
approved. Staff understand that as a precaution, the Official Plan Amendment and
Rezoning applications were appealed to the Ontario Municipal Board. A letter was
submitted by Steven Zakem, solicitor for Loblaws indicating that if the West Diamond
application is approved, Loblaws will withdraw its application and appeal (Attachment
19). It is recommended that the Official Plan Amendment and Rezoning applications to
expand the existing Loblaws store be denied.
13.3.3 It is recommended that the application to eliminate the requirement for a food store
within the C1-14 zone, the zone that applies to the lands collectively known as
Clarington Centre, be approved in the context of the Zoning By-law amendment
contained in Attachment 11. With the approval of the application for a new Loblaws
Superstore on the north side of Highway 2 the f100rspace currently occupied by the
Loblaws can be :-3-tenanted.
13.4 A YT Corporation
13.4.1 A YT applications propose to amend the Durham Regional Official Plan, the Clarington
Official Plan and the Zoning By-law to permit a total of 583,600 sq. ft. of commercial
floor space consisting of:
. An 80,000 sq. ft. home improvement store;
. A 145,000 sq. ft. warehouse membership club;
. 225,000 sq. ft. of additional retail floor space;
. 35,000 sq. ft. of restaurant space; and
. A 5 storey hotel and convention centre.
13.4.2 The consultant team and staff do not support the A YT applications. The position of staff
and the consultant is detailed in staff report PSD-096-05 which is contained in Appendix
9 to this report. As a result, staff recommend that the application be denied and that the
Region of Durham be advised of Council's position with respect to the application to
amend the Durham Regional Official Plan.
13.5 The Ontario Municipal Board
13.5.1 Halloway, West Diamond and Loblaws have filed appeals on their private Official Plan
Amendment and Rezoning applications. The development proponents agreed to follow
through with the Municipality's study to allow for the resolution of the issues through
negotiation rather than adjudicate them in front of the Ontario Municipal Board.
13.5.2 One pre-hearing conference was held on Friday, June 17, 2005. At that time a hearing,
was scheduled to commence on September 6, 2005 for two months. Subsequent to
Council's decision on July 15, 2005, the hearing was adjourned to allow time for the
planning process to be completed through negotiation if possible. Two telephone
conferences have been held with the Board Members assigned for the pre-hearing
process to update them on the progress of the Study and negotiations.
REPORT NO.: PSD-027.06
PAGE 63
13.5.3 If Council approves Official Plan Amendments 43 and 44 and the zoning by-laws for
portions of the Bowmanville West Town Centre, notice will be provided in accordance
with the Planning Act. If no appeal is filed, the planning instruments will become final
and binding on the expiry of the applicable appeal periods. If one or more appeals are
filed, a pre-hearing conference will be convened to consider the scope of a hearing, the
time required, settle various procedural issues and establish the timing for a hearing.
13.5.4 Each of the Principles of Understanding provide for West Diamond and Halloway to .
withdraw their private appeals on or prior to final approval of the MuniCipality's planning
instruments applicable to the West Diamond and Halloway lands, respectively.
REPORT NO.: PSD-027-06
PAGE 64
14.0 CONCLUSION
14.1 The Commercial Policy Review and the Bowmanville West Town Centre Secondary
Plan Review have involved extensive market research, planning analysis, transportation
input and urban design advice. There has been extensive consultation with the public,
stakeholders and applicants. The Planning instruments before Council have been
modified as a result of input and further consideration. Combined with the Agreements
with West Diamond and Halloway, there is a comprehensive development control
framework to guide development in the Municipality and the West Bowmanville Town
Centre.
14.2 It is recommended that Council- adopt Proposed Amendments 43 and 44, the
recommended zoning by-laws and the other recommendations in this Report to give
force and effect to the planning framework for future commercial growth.
Attachments:
Attachment 1 - Bowmanville West Town Centre Proposed Expansion
Attachment 2 - Proposed Concept Plans for West Diamond/Players Site
Attachment 3 - Proposed Elevations Wal-Mart
Attachment 4 - Proposed Elevations Real Canadian Superstore (Loblaws)
Attachment 5 - Proposed Concept Plan for Halloway Holdings Site
Attachment 6 - Proposed Elevations Home Depot
Attachment 7 - Proposed Concept Plan for AYT site
Attachment 8 - Amendment No. 43 to the Clarington Official Plan
Attachment 9 - Amendment No. 44 to the Clarington Official Plan
Attachment 10- Zoning By-law Amendment - General Provisions
Attachment 11 - Zoning By-law Amendment - Large-Format Commercial and Street-Related
Commercial
Attachment 12 - Zoning By-law Amendment - C2-4 Zone
Attachment 13 - Halloway Development Option 1
Attachment 14 - Halloway Development Option 2
Attachment 15 - Halloway Development Option 3
Attachment 16 - Letter to A YT's Representatives regarding Proposed Public Benefit
Attachment 17 - Email Response from Peter Walker
Attachment 18 - Letter Response from Ira Kagan
Attachment 19 - Letter from Steven Zakem
REPORT NO.: PSD-027-06
PAGE 65
Appendices: (Under separate cover)
Appendix 1 - Final Report - Commercial Policy Review
Appendix 2 - Bowmanville West Main Central Area Secondary Plan Review Report - May 30,
2005
Appendix 3 - Workshop Summary - West Main Central Area Secondary Plan Review
Appendix 4 - Clarington Commercial Policy Review Retail Market and Impact Analysis -
December, 2004
Appendix 5 - Commercial Policy Review - Addendum Market Analysis
Appendix 6 - Commercial Policy Review - Supplementary Market Analysis
Appendix 7 - Letter Opinion on Revised Retail and Personal Service Floorspace Limits-
January 31, 2006
Appendix 8 - Summary of Public Submissions
Appendix 9 - Report PSD-096-05 - A YT Application
Appendix 10 - Principle,:, of Understanding between West Diamond/Players, 1613881 Ontario
Inc. and the Municipality of Clarington
Appendix 11 - Principles of Understanding between Halloway Holdings, Home Depot and the
Municipality of Clarington
Appendix 12 - Agreement between West Diamond/Players, Halloway Holdings and the
Municipality of Clarington regarding the extension of Stevens Road
Appendix 13 - Agreement between West Diamond/Players, Halloway Holdings and the
Municipality of Clarington regarding the indemnification of the Municipality and
other matters
Attachments listed under separate cover are available for review in the Clerks Department.
REPORT NO.: PSD-027-06
PAGE 66
List of interested parties to be advised of Council's decision:
. Henry Joseph
Ari Yasa
Ron Worboy
B. Westerman
Beth Kelly, Valiant Property Mgmt.
Bob Hann, Valiant Property Mgmt.
John Vanderkooi
Eileen Costello, Aird & Berlis LLP
Gwen Wallace
Lyn Townseno, Lynda Towns.end-Renaud Law
Brent Clarkson, MHBC P':::'lning Limited
Heather Muir
Carol Duffy
Bruce Curl
Jim and Suzanne Gregory
Stan Stein, Osler Hoskin & Harcourt
Todd Gibbon .
Bill Humber
Linda Moore
Ron Hooper
George Kloos
Richard Lange
Leroy Clarke
Ted Watson
Hannu Halminen, Halminen Homes Limited
Jennifer Stone, This Week Newspapers
Brian O'Connor
Richard Marchant
David Butler, The Butler Group Inc.
Peter Smith, Bousfields Inc.
Bryce Jordan. G.M. Sernas Associates
Carmela Cupelli
Scott Houghton
Nancy Lewis
Maryann Fines
E.C. Braham
Sue Sedlak
N. Gummon
Otto Provenzano
S. Fraser
Bill Hinbert
Doug Finnson and Terri Bickwell-Potts
Duncan McPherson
Trevor Small
Ellen Cowan
Peter Vogel
Ray and Joyce Atkinson
Margaret Zwart
Ira Kagan, Kagan, Shastri, Barristers & Sol.
Brian Fraser
Mark Rowe
Rudi Van Wijngaarden
Paul & Anne-Marie Halliday
John Huber
James Scarth
John and Lilian Bouma
B. Haines
Lilly T. Hinton
Mary-Ann Kalotai
Diane James
Costantine Bruno
Richard Rekker
Alan Vaillancourt
Mavis Carlton
Rick Hofstede
The Greater Toronto Transit
Robert DeGasperis, Metrus Properties Inc.
Yolanda Gjaltema
John & Lillian Bouma
Marvin Green, River Oaks Group
Kathy Pandell. Geoffrey L. Moore & Associates Ltd.
Marianne Zwyers
Lakeshore Group
Carmine Cupelli
George Ibanez
Lawrence Hellinga
R. Tukker
A. Sorg
Bryan MacLean
Linda Hallett and George loanidis
Doug Woods
Frank W. Lockhart
J. Sproatt
Mike Dome
Celeste Terry, Durham Regional Planning
Gail Rickard
James Vinson
Ian Smith
Anthony Turnbull
Evelyn Rosario
Suzanne McCrimmon, Clarington Board of Trade
Jim Russell
John Shewchuk, Royal LePage Frank Real Estate
Paul Wilson
Philip Brent
Peter Walker, Walker Nott Dragecivic Associates Limited
Steve Zakem, Aird & Berlis LLP
Scott Arbuckle, Planning & Engineering Initiatives Ltd.
REPORT NO.: PSD-027-06
PAGE 67
David Crowell, A & P Properties Limited
Terry and Phyllis Price
Roslyn Houser, Goodmans LLP
Rick Gay, Gay Company Limited
Robert Bond
Valentine Lovekin
Gary Thertell
Ron Stead
II~
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AMENDMENT NO. 43
TO THE CLARINGTON OFFICIAL PLAN
March 1,2006
PURPOSE: To implement the recommendations of the Commercial Policy
Review and the Bowmanville West Main Central Area Secondary
Plan Review. Amendment 43 amends the Clarington Official Plan,
the Bowmanville East Main Central Area Secondary Plan, the
Courtice Sub-Central Area Secondary Plan, the Newcastle Village
Main Central Area Secondary Plan and the South-West Courtice
Secondary Plan.
BASIS: This Amendment is based on the Clarington Commercial Policy
Review: Final Report - Recommended Policy Changes dated May
31.1, 200S and the Bowmanvil/e West Main Central Area Secondary
Plan Review dated May 30, 200S prepared by Meridian Planning
Consultants Inc., the supporting analysis by market, urban design
and transportation and engineering sub-consultants and further
reviewed by municipal staff.
ACTUAl
AMENDMENT:
The Clarington Official Plan
The Clarington Official Plan is hereby amended as follows:
1. By adding a new Section 4.2.9 as follows:
"4.2.9 To minimize light pollution from existing and new
development"
2. By adding a new Section 4.3.6 as follows:
"4.3.6 The Municipality will seek to minimize light pollution by:
a) developing lighting standards for all forms of
development to ensure community safety while
minimizing negative impacts from lighting;
b) utilizing appropriate street-lighting; and.
c) retrofitting existing street-lighting luminaries over
time."
3. In Section 5.3.6, by replacing the words "Main or Sub-Central
Areas" withthe words "Town and Village Centres",
4. In Section 9,3.S,
a) by deleting the number "100" in Sub-section a) and replacing
it with the number "soon;
1
b) by deleting the words "is not located on" in Sub-section c)
and replacing them with the words "does not have direct
access to";
. c) by deleting the word "and" at the end of Sub-section b) and
inserting it at the end of Sub-section c);
d) by adding the following new sub-section:
"d) parking shall be located at the side or rear ofthe
building."
. .~_5._ln IC3b~Jl:1._bYJeplac:ingJhe~ worcts.CJ:mtraIArl:l13~" with th~
words "Town or Village Centres".
6. . By deleting Table 9.2, and replacing it with a new Table 9-2 as
follows:
Table~
Housing Targets by NeIg~
Urban Area HousIng .lXilB
Neigh_ Low MediLm ~ Inlenslficallon Total
Courtice
Nl Town Centoe 0 0 250 100 350
N2 WesI Shopping DisIricl 0 0 0 350 350
N3 Waden 1175 125 0 100 1400
N4 HIghland 1225 100 0 75 1400
N5 G_ 550 535 0 50 1135
N6 Hana>c:k 850 100 0 25 975
N7 A\IOOdaIe 825 200 0 275 1300
N8 EmIly Stowe 1475 275 0 550 2300
N9 - 1075 75 0 75 . 1225
Nl0 Darlington 450 25 0 383 858
Nll Bayview 1150 300 125 50 1625
N12 Farewe. Heights.' . . . . .
TOTAL 8n5 1735 375 2033 12918
IloY.mamIIIe .
Nl EaslTown Centre 0 700 225 275 1200
N2 West Town Centre 0 250 1500 0 1750
N3 MemcrIaI 975 0 250 350 1575
N4 CenlraI 425 125 75 75 700
N5 VIncent Massey 1025 200 0 175 1400
N6 Apple BIoosom 1300 225 0 125 1850
N7 ElgIn 1025 200 50 150 1425
N8 FenwId< 1325 525 0 100 1950
N9 - 1450 300 175 125 2050
Nl0 NorthgIen 975 250 50 50 1325
Nll BrockhII 1325 350 0 75 1750
N12 DaringIcn Green 700 175 0 125 1000
N13 WestvaIe 1025 375 275 75 1750
N14 Waverly 1075 275 50 75 1475
N15 Port Dal1inglal 550 450 175 25 1200
2
TOTAL . 13175 4400 2825 1800 22,200
Newcaslle VIllage
N1 VUIage Cenn 0 100 50 75 225
N2 Graham 1075 100 0 100 1275
N3 FoslIlr 1450 200 0 125 ln5
N4 Port of Newcastle 500 325 250 0 1075
N5 North Vdlage 1050 250 0 50 1350
N6 WiIrnal 960 0 0 0 960
. TOTAL U 5035 975 300 350 6680
7. In Section 9.5.5 c), by replacing the words "Local Central Areas. .
with the words "Neighbourhood Centres..
8. In Chapter 10, by deleting the words "Central Areas" in the title
and replacing them with the words "Town, Village and
Nc:tjhbourhood Centres".
9. In Section 10.1.1, by deleting the words .Central Areas" and
replacing them with the words "Town and Village Centres".,
10. In Section 10.1.2, by deleting the words "other types of
specialized commercial uses to meet the needs of residents" and by
replacing them with the words "a full range of choice in goods and
services for local residents and businesses."
11. In Section 10.1.3, by deleting the words "and direct them to
appropriate locations" and replacing them with the words "in an
appropriate manner."
12. By adding the following new section:
"1 0.1.4 To protect and foster the role of downtowns."
13. In Section 10.2.1, by deleting the words "Main Central Areas"
and replacing them with the words ''Town Centres (East and West)".
14. In Section 10.2.2, by deleting the words .Central Area" and
replacing them with the words "Town and Village Centre".
15. In Section 10.2.3,
a) by deleting the words .Central Areas" and replacing them
with the words "Town, Village, Neighbourhood and the Port
of Newcastle Harbourfront Centres";
b) by deleting the word "and" between the words "parks. and
"walkways. and replacing with a comma; and,
c) by adding the words "and building forms and styles that
reflect the character of the community" at the end of the
sentence.
16. In Section 10.2.5, by adding the words .and auto-oriented
building forms. to the end of the sentence.
3
17. By adding the following new section:
"10.2.6 To provide opportunities for and to encourage future
intensification and infill with new development.
18. In Section 10.3, by deleting the words "for Central Areas"; from
the section's title.
19. 'By deleting Section 10.3.1 in its entirety and replacing it with the
following new section:
"10.3.1 Town and Village Centres, Neighbourhooct Centres,
Highway Commercial Districts, the Courtice West
Shopping District and the Port of Newcastle Harbourfront
Centre are shown on Map A, with population allocations
indicated on Map E."
20. By renumbering Section 10.3.2 as Section 10.4.5 and by making
the following changes to the renumbered Section 10.4.5:
a) by deleting the words .Central Areas. in the first sentence
and replacing them with the words "Town and Village
Centres.;
b) in Sub-section c) by inserting the words "municipal
squares," before the words .pocket parkettes. and by
inserting the word "street-related buildings," after the words
"pocket parkettes";
c) in Sub-section d) by deleting the words "CentraIAreas' and
replacing them with the words "Town and Village Centres';
and
d) by adding the following new sentence at the end of the
Section:
"Urban design principles will be further elaborated through
the urban design policy for specific Town and Village
Centres as set out in Section 10.4.6 of the Official Plan
and Secondary Plans. Development shall comply with
area specific urban design guidelines.'
21. By adding a new Section 10.3.2 as follows:
"10.3.2 No new Town or Village Centre, Shopping District or
Highway Commercial District or expansion to any of
these Centres or Districts shall be permitted unless
approved as part of the comprehensive review of the
Official Plan. It is the Municipality's policy to seek
additional development and intensification of the
Bowmanville East and West Town Centres prior to
considering of the expansion of existing Centres or
Districts or designating new Centres or Districts.
Notwithstanding the above, new Neighbourhood Centres
4
may be designated through a neighbourhood planning
process".
22. By deleting Sections 10.3.3 to Section 10.3.6 inclusive;
23. By adding a new Section 10.3.3 as follows:
"10.3.3 Applications to amend the Official Plan to expand
significantly any Town, Village or Neighbourhood
Centre, Shopping District or Highway Commercial
District or to designate any new Neighbourhood Centre
may require a retail impact study, as determined by
Council in their sole discretion, to assess the impact on
uthe planned functionaf Towifand Village Centres: The
retail impact study shall be prepared by an independent
qualified consultant retained by the Municipality at the .
expense of the applicant..
24. By adding a new Section 10.3.4 as follows:
"10.3.4 The ongoing health and vitality of Town and Village.
Centres, in particular the historic downtowns, will be
encouraged by:
a) phasing major retail growth in accordance with
population. growth in Clarington;
b) municipal investment in public infrastructure;
c) municipal programs to encourage private sector
investment in redevelopment and the restoration
and adaptive reuse of historic buildings;
d) participation in appropriate programs of senior levels
of government;
e) preparation of community improvement plans;
f) fostering and assisting merchant groups and
associations; and
g) encouraging joint marketing efforts."
25. By adding a new Section 10.3.5 as follows:
"10.3.5 Signage is recognized as an integral part of good
community design and image. It is municipal policy
that:
a) the design and scale of signage shall complement
rather than dominate the landscape:
b) it shall be incorporated as an integral part of a
building or site layout wherever possible:
5
c) it will not unduly detract from the overall visual
attractiveness of the built environment for both
pedestrians and motorists; and
d) it will be designed and located so as not to be
hazardous for either pedestrians or motorists.
More specific guidance regarding signage shall be
provided through urban design policies and the
Municipality's Sign By-law. Special signage
requirements may be defined for the historic
downtowDs_and_o.tber_uniqueareas of the Municipality."
26. By adding a new Section 10.3.6 as follows:
"10.3.6 As part of the Municipality's program of streetscape
improvements, developers or owners of commercial
properties will be encouraged to assist in the creation of
a high quality public realm through contributions to
street tree planting and street furniture in addition to
landscaping improvements on private lands."
27. Section 10.3.7 is renumbered as Section 10.4.6 and amended as
follows:
a) by deleting the words "In the review of development
applications" and replacing with the words "In Town or
Village Centres where detailed urban design guidelines
have not been prepared".
b) by deleting the words "for Central Areas" and replacing
them with the words "of 10.4.5".
c) by adding the words and punctuation "through the review
and approval of development applications." after the words
"shall be implemented",
d) by deleting from Sub-section c) the word "and" now
between the words "commercial" and "residential" and by
adding the words "and community use" before the words
"shall be achieved".
e) in Sub-section d) by adding words "with particular regard to
screening parking areas visible to the street, providing
shade for pedestrians and mitigating heat .island effects" at
the end of the clause.
f) by inserting a new Sub-section (f) and (g) as follows:
"f) lighting impacts will be minimized;
g) energy efficient design and orientation which
maximizes the use of alternative or renewable
energy such as solar and wind energy and the
mitigating effects of vegetation will be encouraged
wherever possible;"
6
and by renumbering all subsequent Sub-sections of the
renumbered Section 10.4.6 accordingly.
g) in renumbered Sub-section (h) by adding the words
"wherever possible and in all other situations within separate
buildings of similar design to the principal building on the lor
at the end of the clause.
h) in.renumbered Sub-section (i) by deleting the word "and"
. after the word "unobtrusive" and adding the words and
punctuation "anticipated noise impacts will be mitigated, the
areas will be".
.. 28;-tn-'S"Elction'1il.4;by1:leleting the words "Main Central Areas" in
the title and replacing them with the words ''Town and Village
Centres".
2t. In Section 10.4.1,
a) by deleting the words "Main Central Areas shall be planned
and" in the first sentence and replacing them with t/:Ie words
''Town and Village Centres shall be.;
b) by deleting the words "activities within the Municipality"; and
replacing them with the words "activity in each community
with the Town Centres".
c). by deleting the words "They shall" in the second sentence.
and replacing them with the words "Town and Village
Centres will.;
30. By deleting Section 10.4.2 in its entirety, and by replacing it with
a new Section 10.4.2 as follows:
"10.4.2 Each Town and Village Centre will have a distinct
character and function generally in accordance with the
following:
a) Town Centres will be larger in scale, provide goods
and services for a large segment of Clarington's
population and will develop with a higher overall
density than Village Centres;
b) Bowmanville Town Centres (East and West) will be
planned and developed as a centre of regional
significance providing the highest level of retail and
service uses and shall be the primary focal point of
cultural, community, recreational and institutional
uses in Clarington;
c) Village Centres will be smaller in scale, be
developed at similar densities as the historic
downtowns and shall serve primarily local needs for
goods and services; and
7
d) Town and Village Centres will maintain and enhance
the historic character of each community."
31. By adding a new Section 10.4.3 as follows:
"10.4.3 The Municipality will seek to achieve the following
targets for Town and Village Centres: .
Centre .
Gross Leasable
Floor Space for
Retail and Service
.. ~_.~".. "Uses--".....-.
Maximum Floor
Space Index
Bowmanville East 1.5
.. Town Centre
Bowmanville West 100,000 1.5
Town Centre
Courtice 30,000 1.5
Town Centre
NewcasUe 20,000 0.75
Villa e Centre
Orono 7,500 0.4
Villa e Centre
The maximum floor space index shown in Table 10.1 is the . .
maximum floor space permitted on a net development parcel..
32. By deleting Section 10.4.4 in its entirety, and by replacing it with
the following new Section 10.4.4:
"10.4.4 Town and Village Centres shall be comprehensively
developed in accordance with Secondary Plans which
shall encourage and provide for: .
a) residential and/or mixed use developments in order
to achieve higher densities and reinforce the
objective of achieving a diverse mix of land uses;
b) redevelopment and intensification with a wide array
of uses within the Town or Village Centre; and
c) other uses that are complementary to the intended
commercial functions."
33. By adding a new Section 10.4.7 as follows:
"10.4.7 Drive-through facilities are not desirable in Town and
Village Centres. Drive-through facilities will be
prohibited in certain areas and appropriately regulated in
other areas to minimize impacts on roads and the
pedestrian environment, to ensure compatibility with
adjacent uses and to achieve the built-fonn objectives of
this Plan and the Secondary Plans. The following
policies shall apply to the development of drive-through
facilities where they arepennitted:
8
a) any drive-through facility must be located on a lot
sufficiently sized to accommodate all activities
associated with the drive-through facility;
b) all buildings containing drive-through facilities shall
be oriented to the primary street frontage. No
portion of the stacking lane and no parking spaces
or drive aisle shall be located within the setback
area;
c) drive-through facilities shall be sufficiently separated
from residential uses to avoid issues of land use
compatibility;
d) a drive-through facility will have sufficient dedicated
stacking lane to prevent vehicles from interfering
with on-site and off-site vehicular circulation; and
e) any additional policies as may be contained in
Secondary Plans."
34. By renumbering Section 10.4.3 as .Section 10.4.8" and:
a) by deleting the words "Main Central Area" in the first
sentence and replacing them with the words "Town Centre";
b) by deleting the second sentence in its entirety and by
replacing it with the following new sentence:
"Detailed land use policies for the Courtice Town Centre will
be provided for in a Secondary Plan."
35. In Section 10.5, by deleting the words "Sub-Central Areas. in the
title and replacing them with the words "Courtice West Shopping
District".
36. By deleting Section 10.5.1 in its entirety, and by replacing it with
the following revised section: . .
"10.5.1 The Courtice West Shopping District serves the
surrounding urban areas through the provision of uses
which complement the Courtice Town Centre including
retail, service, office, residential, cultural, community and
recreational uses."
37. By deleting Sections 10.5.2 and 10.5.3.
38. By adding new Sections 10.5.2 and 10.5.3 as follows:
"10.5.2 In conjunction with the adjacent lands in the City of
Oshawa, the Courtice West Shopping District shall be
developed and function primarily as a shopping district
serving portions of the Oshawa and Courtice urban
areas.
10.5.3 Specific development policies and land uses shall be
provided for in the Courtice West Shopping District
Secondary Plan. All proposed development shall
comply with the provisions of Section 10.4.6 c) to k)."
9
39. In Section 10.6, by deleting the words "Local Central Areas. in
the title and replacing them with the words "Neighbourhood
Centres".
40. Bydeleting Section 10.6.1 in its entirety, and by replacing it with
the following new section:
"10.6.1 Neighbourhood Centres are to serve as focal points
for residential communities and provide for day to day
retail and service needs. They shall be planned and
developed in a comprehensive manner. The
. ~~maxlrnu.ml:!mgl,mtpf gross lE1asable f1O()~pace in any
- one-Neighbourhood Centre shall be 5,000 square
metres."
41. In Section 10.6.2,
a) by deleting from the first sentence, the words "Local Central
Areas shall develop as mixed use areas containing
commercial, residential" replacing them with the words
"Neighbourhood Centres are intended to be developed with
adjacent areas as transit nodes containing higher density
residential uses and wherever possible "; and
b) by deleting the second sentence.
42. In Section 10.6.3,
a) by deleting the first sentence and replacing it with the
following:
"An appropriate range of retail and service uses will be identified
in the Zoning By-law in accordance with the following:
a) uses will be appropriate to be located in proximity to
adjacent residential areas;
b) uses will be limited in scale;
c) drive-through restaurant uses will not be permitted; and
d) mixed-use development will be encouraged."
b) by deleting Table 10-1 in its entirety.
43. By deleting Section 10.6.4 in its entirety and by replacing it with
the following new Section 10.6.4:
"10.6.4 In the review of development applications, the following
site development and urban design criteria will be
implemented:
a) a floor space index for retail uses on any site not
exceeding 0.30; .
b) a maximum combined floor space index of 0.50
where there are second storey office or residential
uses;
10
c) with the exception of a grocery store/supermarket, a
maximum of 500 square metres of gross leasable
floor area for any individual store; .
d) street-related building forms are preferred but as a
minimum direct pedestrian access will be provided
fror:n the street to some stores within 4 m of the
streetline;
e) compliance with Section 10.4.6 b) to i); and
f) provision of a public square in accordance with
Sections 10.6.5 and 10.6.6."
44. In Section 10.6.5,
a) by deleting the words "Local Central Areas" inthe first
sentence and replacing them with the words "Neighbourhood
Centres";
b) by deleting the words "for the community" in the first
sentence; and
c) by deleting the words "For those Local Central Areas with a
public square requirement on Table 10-1, a publicly-
accessible square shall be constructed either as a public
parkette or as part of a commercial development. " from the
second sentence and replacing them with the words "Public
squares will be designed as a high quality urban
environment with such amenities as appropriate paving,
landscaped areas, benches, refuse containers. bicycle
stands, lighting, public art and other elements that enhance
the social and physical environment."
45. By deleting Section 10.6.6 in its entirety and replacing it with the
following:
"10.6.6 Public squares shall be constructed either as a public
parkette or as part of a commercial development with
the right of the public to access the square secured by
appropriate means. Public squares are required at the
following Neighbourhood Centres:
. Bloor/Prestonvale
. Liberty/Longworth
. Regional Road 57/Concession Road 3
. Concession/Mearns
. Port of NewcasUe
. Any new Neighbourhood Centres identified by
amendment to this Plan."
46. By deleting Section 10.7 in its entirety and replacing it with the
following:
11
"10.7 Port of Newcastle Harbourfront Centre
10.7.1 The Port of Newcastle Harbourfront Centre is identified
on Map A4. The Harbourfront Centre shall be planned
and developed as a community focal point and part of the
tourism node at the Port of Newcastle. The Harbourfront
Centre will be a high quality urban environment that
builds on the existing natural setting, marina and park
development and views of the waterfront.
______>_tQ.1.2..Witbin _tbaJ:ladlOurfronLC.entr.e-AJ,adejy. .0L uses are
permitted which are compatible with the marina and
District Park including multiple residential, retail and
services uses, professional offices, a small hotel, places
of entertainment, and recreational, cultural and
community facilities. Retail uses will be appropriate for
and scaled to meet neighbourhood or touril1m needs.
The hotel shall be appropriately designed and scaled for
a small town harbourfront location. The maximum
number of multiple residential units in the Harbourfront
Centre is 250.
10.7.3 The Harbourfront Centre shall be developed to the
highest design standard. In the review of development
applications, the following urban design and site
development criteria shall be implemented;
a) buildings should be harmonious in - form and
architectural style, have a consistent setback from the
street and valley, and shall be oriented to provide
views of the waterfront and the marina;
b) buildings will have a maximum height offive storeys
on the front and/or street facades;
c) the maximum floor space index for any site shall not
exceed 0.75;
d) a safe, well-defined pedestrian walkway system will
link to the Waterfront Trail, the marina area and the
District Park with attractive landscaping and signage
to enhance the pedestrian experience;
e) a consistent design and use of materials will be used
for all signage, benches and light fixtures throughout;
f) convenient parking areas shall be screened by
landscaping;
g) loading spaces shall be strategically located to
minimize the visual and noise disturbances and all
refuse containers shall be fully enclosed; and
h) outdoor amenity areas associated with residential
development shall be designed with quality
landscaping, safe pedestrian walkways, appropriate
12
lighting and. other elements to enhance the overall
character of any residential development.
10.7.4 A public square shall be designed as an integral
component of the Harbourfront Centre. It shall serve as
a neighbourhood gathering place and a centre of
attraction for tourists. The public square shall be
designed and developed in accordance with the
following:
a) it shall comply with public square provisions of
.... .-~~SeGtions4Q,6,5flnd .10,6~:-~~~--~.__._- - --
b) it shall be Ibcated in association with commercial and
hotel uses;
cr it shall be physically defined by building facades; and
d) it shall provide opportunities for views, vistas and
pedestrian linkages to the surroundings area."
47. By deleting Section 10.8 in its entirety.
48. By renumbering Section 10.9 as Section 10.8, by renumbering
the Sub-sections of renumbered 10.8 accordingly, and by
deleting the words "Highway Commercial Areas" from the title to
Section 10.8 in the Section and replacing them with the words
"Highway Commercial Districts".
49. By deleting the text of the renumbered Section 10.8.1 and
replacing it with the following:
"Highway Commercial Districts are to serve the specialized
needs of residents on an occasional b~sis. Highway
Commercial Districts generally require large parcels of land
to accommodate certain types of large format retailers,
which require exposure to traffic and may require outdoor
storage and display. Permitted uses may include motor
vehicle sales and service establishments, home
improvement centres, large format home furnishing stores
and other similar large format retailers, garden centres and
nurseries, restaurants, motels, hotels, and service stations,
but do not include motor vehicle body shops, department
stores, food stores, banks and warehouse merchandise
clubs."
50. In the renumbered Section 10.8.2,
a) by deleting the word "Areas" in the first sentence and
replacing it with the word "Districts;
b) in clause c) Bullet 1 by adding a "semi-colon" at the end;
c) in clause c) Bullet 2 by adding a "semi-colon" at the end;
d) in clause c) Bullet 3 by adding a "semi-colon" and the word
"and" at the end; .
13
e) in clause d) by deleting the word "and" at the end of and
replacing it with a "period"; and
f) by deleting clause e).
51. In the renumbered Section 10.8.3,
a) by deleting the word "Areas" from the first sentence and
replacing it with the words and figures "Districts in Section
10.8.2";
b) by deleting clauses d), f) and g) and renumbering clause e)
as c1?Jl_se"g):;J'!mt_______ .. _~_____.__ ...
c) by adding a new clause e) as follows:
"e) compliance with the provisions of 10.4.6 c) to i)."
5? In renumbered Section 10.8.4, by deleting the word "Areas" from
the first sentence and replacing it with the word "Districts".
53. By deleting renumbered Section 10.8.5 in its entirety. , ,
54. By renumbering Section 10.10 as Section 10.9 by deleting the
second sentence and by replacing it with the following: .
"Service stations are establishments which primarily sell
gasoline and associated automotive products. A service
station may include accessory uses such as the repair of
vehicles, a car wash, restaurants, and a small convenience
store."
55. In renumbered Section 10.9.2,
a) by adding, the word "that" after the word "provided";
b) by deleting Sub-section a) and replacing it with the following;
"a) a maximum of one (1) service station may be permitted
at any intersection, with the exception that in a Highway
Commercial District or Employmerit Area a maximum of
two (2) service stations may be permitted diagonally
opposite each other at any intersection;"
c) by deleting Sub-section b) and replacing it with the following
new Sub-section b) as follows;
"b) it is not adjacent to or opposite schools or pUblic
recreation facilities;"
d) in Sub-section c) by deleting the words "locations shall"
and replacing them with the words "it does",
e) by deleting Sub-section e), and replacing it with the
following: .
"e) primary access is taken from an arterial or collector
road; and"
f) by adding a new Sub-section f) as follows:
14
"f) it has no undue adverse effect on adjacent
residential uses."
56. By deleting the renumbered Section 10.9.3 and replacing it with
the following:
. "10.9.3 Notwithstanding Section 10.9.2 a), service stations will
not be permitted at prominent intersections in Town or
Village Centres or other locations which Council deems
to have important visual significance for gateways to
communities."
57. By renumbering Section 10.9.4 as 10.9.5 and by adding a new
nSection 10.9.4 as follows:
"10.9.4 Service stations will be designed with the following
considerations:
a) high quality architectural design, landscape
treatment and fencing with particular attention to
comer treatment;
b) lots should be sufficiently large to accommodate
the proposed uses and provide appropriate buffers
to adjacent uses;
c) access points to each site shall be limited in
number and shall not impede traffic flows. Internal
access to adjacent commercial properties shall be
provided wherever possible;
d) convenience retail uses shall be sensitively
designed to the context, have high quality finishes
facing the street, generally have less than 250
square metres of floor area, generally be sited on
the street corner; and in urban areas provide direct
pedestrian access from the sidewalk;
e) ancillary drive-through facilities are prohibited in
Town and Village Centres and in all other areas
will be sufficiently separated from residential uses;
f) garbage will be accommodated internally or within
a separate and fully enclosed structure with
architecture that matches the principle building;
g) fencing, landscaping and architectural treatments,
and other appropriate measures will be used to
mitigate any noise impacts identified by a noise
study;
h) signage shall be minimized; and
i) lighting and glare will be minimized in accordance
with municipal policy and appropriate road
authority requirements."
15
58. In Section 11.5.2, by deleting the last sentence that reads "Large
scale retail warehouses may be permitted by amendment to this
Plan subject to the provisions of Section 10.9.5".
59. In Section 12.4.1, by adding the words "service stations" after
the words "arts and craft shops" in the third sentence, and by
adding the following new sentence at the end of the Section:
"Service stations shall also be subject to the policies of
Section 10.9 of this Plan."
60. In Section 16.2.5, by adding the following after the first sentence.
-.. "The marina area- is to be fully Integrated with the designated
Harbourfront Centre and shall be developed in accordance with
the following:
a) an integrated system of publicly accessible. walkways will
connect the Harbourfront Centre with the marina area, the
District Park and the Waterfront Trail; :
b) the marina development will be fully integrated with the
District Park with complementary recreation facilities and'
amenity. areas, joint access arrangements and shared
parking facilities;
c) the marina clubhouse will have complementary architectural
style and form, and shall incorporate common streetscape
eleme~ts and landscape themes with the Harbourfront
Centre development; and
d) off-season boat storage shall be only permitted immediately
adjacent to the marina."
61. In Section 16.7.1, by replacing the word "Areas" with the words
"Districts".
62. In Section 16.8.2, by replacing the words "Main and Sub-
Central Areas" with the words "Town and Village Centres",
63. In Section 16.10, by deleting the entire section and replacing it
with the following notation:
"16.10 Special Policy Area H deleted by Amendment 43"
64. . In Sections 17.2.1 and 17.2.2, by deleting the words "Main
Central Area" from these Sections and by replacing them with the
words "Town Centre",
65. In Section 18.5.4, by replacing the words "Main Central Areas"
with the words "Town and Village Centres",
66. In Table 19-1, by replacing the words .Central Areas" with the
words "Town and Village Centres".
67. In Section 19.5,4,
a) by deleting the words "Main and Sub-Central Areas and the
Orono Local Central Area shall reflect" from the third
16
sentence and by replacing them with the words "Town and
Village Centres";
b) by deleting the words "reflect the" in the third sentence and
by replacing them with the words "be consistent with";
c) by deleting the words "East Main Central Area" in the last
sentence and by replacing them with the words "Town
Centre"; .
e) by deleting the words "Main Central Area" after the words
"Newcastle Village" in the last sentence and by replacing
them with the word "Centre"; and
~-,-~_'."O^~:'"__" . _. ,_.._ =",r '_'~.._
f) by deleting the words "Local Central Area" in the last
sentence and replacing them with the words "Village
Centre".
68. By adding a new Section 19.5.5 as follows:
"19.5.5 The Municipality will undertake a streetscape
improvement program with particular attention to Town
and Village Centres, the Regional Transit Spine on
Highway 2, and gateway locations to each urban
community."
69. In Section 19.5.5, by amending the references to correspond
with the new designations for Town and Village Centres such
that Table 19-2 reads as follows:
TABLE 19-2
EXCEPTIONS TO ARTERIAL ROAD STANDARDS IN TOWN AND VILLAGE CENTRES AND HAMLETS
Town or Village Centre or Road From To Right-of-way
Hamiel Width
Courtice Town Centre Trulls Road South limitlll Norlh limitlll 30m
Town Centre Town Centre
BowmanviJIe East Town. King Street Bowmanville Mearns Avenue 20-26 m
Centre Creek
NewcasUe Villilge Centre King Street West Umitlll Mill Street 2D-26m
Vlllaae Centre
King Street Mill Street Easlllmlllll 26-30 m
Villa"" Centre
Mill Street South llmitlll North llmitlll 20-26 m
Villa"" Centre Vlllane Centre
Orono VUlage Centre Mill Street Station Street North IImlllll 20-26 m
Villaae Centre
Enfield Reg. Rd. 20 West limit of lhe Eastlinlt oIlhe 36m
Hamiet Hamiel
Reg. Rd. 34 South limit oIlhe North limit oIlhe 36m
Hamiel Hamiel
EnniskiUen Reg. Rd. 3 Westllmll of lhe Easllimil of lhe 26-30 m
Hamiel Hamiel
BrownsviUe Hwy.2 Westllmll of lhe Eastllmll of lhe 30m
Hamiel Hamiel
NewIonvUte I Hwy.2 West limit oIlhe Easllimil of lhe 26m
Hamiel Hamiel
Reg. Rd. 16 South limit of lhe North limit oIlhe 26m
Hamiel Hamiel
17
70. ' By adding a new Sectien 19.6.3 as fellews:
"19.6.3 Netwithstanding the abeve previsiens, en the future
Breekhill Beulevard, private individual accesses to'
detached and semi-detached dwellings and street
tewnheuses will net be permitted." '
71. In Sectien 19.8.1, by replacing thewerds "Main Central Area. with
the werds 'West Tewn Centre.. '
72. In Section 21.2.3, by replacing the words "Main Central Areas. with
the words "Town and Village Centres..
73. Deleting Sectien 23.8.2 and replacing it with the following:
2::lc~.2 As part ef a submission fer site plan approval, the
Municipality requires that the proponent to' demenstrate hew
the prepesed design and the organizatien ef the site and
buildings: ' ,
a) implements the urban design pelicies ef the Official,
Plan and any relevant Secondary Plans;
b) in Tewn and Village Centres and in Residential
Neighbeurhoods, contributes to' compact, urban and
pedestrian-eriented,form and function that enhances
pedestrian and transit aCcessibility;
c) safely addresses vehicular traffic impacts;
d) implements sustainable develepment ebjectives
including protectien of the natural heritage system,
energy efficiency,.minimizing light pollution and water
consumptien, stermwater management controls, tree
planting and ether enhancements to' the natural
envirenment;
e) pretects, enhances er resteres the Municipality's built
heritage;
f) integrates with surrounding ultimate land uses and
addresses impacts due to' noise, traffic, overshadewing,
and wind effects;
g) prevides landscaped areas and urban amenities
consistent with the context ef the planned land uses
and the Municipality's landscaping design and amenity
requirements;
h) makes apprepriate provisien fer sequential staging ef
services including the constructien ef infrastructure to
service the site; and
i) implements any ether relevant pelicies ef this Plan. ,
18
74. In Section 24, by adding a definition for LEED Rating System as
follows:
"LEED Rating System - refers to the Leadership in Energy and
Environmental Design Green Building Rating System established
by the Canada Green Building Council as amended from time to
time."
75. I'; Section 24, by deleting the definition for "Retail Uses" and
replacing it with the following definition:
"Retail Uses - Uses where goods or merchandise are sold such as,
food,general~merchandise, apparel, hardware, home furnishings,
. specialty retail, beer, liquor and wine automotive products, and
home improvement products, including department stores and
ro :permarkets.
76. In Section 24, by deleting the definition for "Retail Warehouse" in its
entirety.
77, In Section 24, by deleting the definition for "Personal Service Uses"
and replacing it with the following definition:
"Service Uses - Uses such as restaurants, hair salons, dry
cleaners, shoe repair, video rental stores, tailors, laundromats
travel agencies, photographers, veterinary clinics, fitness and
health clubs, medical and dental offices, legal and real estate
offices, financial and insurance offices, bank kiosks, appliance
repair shops, and personnel agencies.
78. By adding the words "including roads" to the end of Sub-section
23.4.3 a).
79. By amending Map A2 -Land Use: Courtice as shown on Exhibit
"ArI.
80. By amending Map A3 - land Use: Bowmanville as shown on
Exhibits "B" and "B1".
81. By amending Map A4 - land Use: Newcastle Village as shown on
Exhibit "Co.
82. By amending Map A5 - Land Use: Orono as shown on Exhibit "D",
83. By amending Map B3 - Transportation: Bowmanville as shown on
Exhibit "E",
84. By amending Map E1 - Neighbourhood Planning Units: Courtice
as shown on Exhibit "F",
85. By amending Map E2 - Neighbourhood Planning Units:
Bowmanville as shown on Exhibit "G".
86. By amending Map E3 - Neighbourhood Planning Units: Newcastle
Village as shown on Exhibit "H".
19
Bowmanville East Main Central Area Secondary Plan
The Bowmanville East Main Central Area Secondary Plan is hereby amended as
follows: .
1. By renaming the Secondary Plan as the "Bowmanville East Town Centre
Secondary Plan".
2. By deleting all references to "East Main Central Area" and replacing them
with the_words_"EaslTownCentre" and by deleting all references to "West
Main Central Area" and replacing them with the words "West Town
Centre".
3. By amend Section 3.2 by delete the words "provide for" and replacing
them with the word "encourage", to delete the word "establishments" and
replace it with the words "and service businesses", and to delete the
words "in merchandise categories" such that it reads as follows: ...
"3.2 To encourage the vitality of retail and service businesses which s.erve
a regional market"
4. By deleting Section 4.2. and replacing it with the following:
"4.2 This Plan provides for approximately 80,000 square metres of retail
and service f1oorspace, generally as follows:
a) Downtown 35,000 square metres
b) East Business District 45,000 square metres. ...
5. By renumbering the existing Section 4.5 as Section 4.6.
6. By inserting a new Section 4.5 as follows:
"4.5 Future studies will be undertaken to determine the intensification
potential within the East Town Centre for additional residential and
commercial development, consistent with emerging Provincial
policy and the historic character of the community."
7. By adding a new Section 4;7 as follows:
"4.7 For the purpose of Section 10.93 of the Official Plan and in
consideration of land use and urban design objectives of this Plan,
the intersections of King Street with Liberty Street, Simpson
Avenue and Mearns Avenue are prominent intersections which
Council deems to have important visual significance."
8. In Section 5.2, by deleting the word "personal" before the word "service".
9. In Section 5.3, by deleting the word "personal" before the word "service"
and by adding the words "and the portion of the East Business District
west of Liberty Street" such that Section 5.3 reads as follows:
"5.3 Notwithstanding the above, no drive-through retail or service
establishments are permitted in the Street-Related Commercial
.20
Area in the Downtown and the portion of the East Business
District west of Liberty Street."
10. By deleting the title of Section 6 and replacing it with the title "General
Commercial Area".
11. In Section 6.2, by deleting the word "personal" before the word "service".
12. By deleting the word "and" at the end of Sub-section 7.3 c).
13. By renumbering Sub-section 7.3 d) to Sub-section 7.3 e).
14. By adding a new Sub-section 7.3 d) as follows:
"7.3 d) additions should enhance the pedestrian character of the
streetscape; and"
15. By deleting the title of Section 9 and replacing it with the title "Parks and
Squares".
16. By renumbering Section 9.3 as Section 9.4.
17. By adding a new Section 9.3 as follows:
"9.3 The Municipality will endeavour to enhance the social and
physical environment of the Downtown by creating a larger, .
functional civic square in proximity to the Municipal
Administrative Centre."
18. In Section 10.5, by adding the words "and private corporations" after the
words "senior levels of governmenr.
19. In Sub-section 12.3 b), by adding the words "and architectural" after the
words "historic".
20. By amending Map A - Land Use Downtown by deleting the words "East
Main Central Area" from the title block and replacing them with the words
"East Town Centre".
21. By amending Map B - Land Use East Business District as shown on
Exhibit "I"
The Courtlce Sub-Central Area Secondary Plan
The Courtice Sub-Central Area Secondary Plan is hereby amended as follows:
1. By deleting the title of the Plan and replacing it with the following new title,
"Courtice West Shopping District Secondary Plan".
2. By deleting all references to the "Courtice Sub-Central Area" and replacing
them with the words "Courtice West Shopping Districr.
3. In Section 4.2, by deleting the words and figures "permits a maximum of
28,000 square metres" and replacing them with the words "provides for
approximately 30,000 square metres".
4. By adding a new Section 4.5 as follows:
21
"4.5 For the purpose of Section 10.9 3 of the Official Plan and in
consideration of land use and urban design objectives of this Plan,
the intersection of King Street with Varcoe Road/Darlington
Boulevard is a prominent intersection which Council deems to have
important visual significance."
5. In Section 5, by deleting the words "Primary Commercial Area" and
replacing them with the words "General Commercial Area",
6. In Section 5.2, by adding a fifth bullet and the words "drive-through
development in accordance with the policies contained in Section 10.4.7
of the Official Plan".
7. In Section 6.2, by adding a fifth bullet and the words "drive-through
development in accordance with the policies contained in Section 10.4.7
of the Official Plan".
8. In Section 8.1,
a) by deleting the words and figures "Section 10.3.2 of the Official Plan"
and replacing them with the words "Section 10.4.5 of the Official Plan";
b) by deleting the words and figures "Section 10.3.7 ofthe Official Plan"
and replacing them with the words "Section 10.4.6 of the Official Plan";
and ..
c) by deleting the words "Primary Commercial Area" and replacing them
with the words "General Commercial Area".
9. By amending Map A as shown on Exhibit "J".
Tile Newcastle Main Central Area Secondary Plan
The Newcastle Main Central Area Secondary Plan is hereby amended as
follows: .
1. By deleting the title of the Plan and replacing it with the title "Newcastle
Village Centre Secondary Plan".
2. By deleting all references to "Main Central Area" and replacing them with
the words "Village Centre".
3. By deleting all references to "King Street" and replacing them with the
. words "King Avenue".
4. In Section 1.1, by deleting the words "in the eastern portion" and replacing
them with the words "to the east of the historic downtown".
5. In Section 4.2, by deleting the words "permits a maximum of 15,000
square metres of retail and personal service floor space by 2016" and
replacing them with the words and figures "provides for approximately
15,000 square metres of retail and service f1oorspace".
6. In Section 4.3, by deleting the word "Neighbourhood" after the words "Port
of Newcastle" and replacing it with the words "Harbourfront Centre".
22
7. By adding a new Section 4.6 as follows:
"4.6 For the purpose of Section 10.9 3 of the Official Plan and in
consideration of land use and urban design objectives of this
Plan, the intersections of King Avenue with North Street, Mill
Street and Arthur Street are prominent intersections which
Council deems to have important visual significance."
8. In Section 5.1, by deleting the number "10.3.2" and replacing it with the
number "10.4.5".
9. By deleting the title of Section 6 and replacing it with the title "General
Commercial Area".
..._~~--_._---~-~-- -~_._.~.__._-_._---_.---
10. In Section 6.2,
a) in the first bullet, by deleting the words "retail, personal services and
offiCAlS" 'and replacing them with the words "retail and service uses";
b) by changing the second bullet and text to be the third bullet and text
and by adding a new second bullet as follows:
. "professional offices"; and
c) in the changed third bullet, by adding after "service stations" the
following words "subject to the provisions of Section 10.9 of the Official
Plan"~
11. In Section 6.3,
a) by deleting the words "Strip Commercial Area" and replacing them with
"General Commercial Area"
b) by deleting the words "conform with the site development criteria of
Section 10.8.3" and replacing them with the words "conform to the site
development criteria of Section 10.4.6".
12. In Section 7.2,
a) by deleting the second bullet "retail, service and office uses" and
replacing it with the bullet worded "small-scale retail and personal
service uses";
b) by deleting the third bullet "retail, service and office uses" and
replacing it with the bullet worded "professional offices".
13. By adding a new Section 7.3 as follows:
"7.3 Notwithstanding the above, no drive-through facility shall be
permitted in the Mixed Use Area."
14. By adding a new Section 7.4 as follows:
"7.4 Redevelopment within the Mixed Use Area will generally comprise
the conversion of existing residential structures subject to the
following criteria:
a) the existing residential fac;:ade of a house will be maintained with any
additions at the rear or side of the dwelling;
23
b) all effort will be made to restore and preserve the historic character of
dwellings identified as heritage buildings on Map A;
c) all development and redevelopment will maintain the established
building setback and reinforce the pedestrian character of the street by
providing streets cape enhancements and pedestrian amenities;
d) parking will be located at the side or the rear of the property behind the
front fayade of the building. In no case shall parking be permitted in
the front of the building;
e) consolidation of smaller land parcels will be encouraged; and
~. --grall-devefopment-wiltcomplywith-Section-1-e;4:6--c)-to~i)-oHhe.0fficial
Plan."
15. In Section 11.3, by deleting the words "Section 10.3.2 of the Official Plan,
. the site nevelopment criteria of Section 10.3.7 of the Official Plan' and
replacing them with the words "Section 10.4.5 of the Official Plan, the site
development criteria of Section 10.4.6 of the Official Plan'.
16. In Section 12.1, by deleting the Section and replacing it with the following:
"12.1 Council shall ensure the continued safe and efficient traffic
operations on King Avenue and subject to budgetary approval, may
consider the following measures:
a) improving road geometry, rationalizing lane arrangements,
installing raised centre medians where appropriate and other
design modifications;
b) widening sidewalks and incorporating streetscape
enhancements to improve the pedestrian environment;
c) reviewing regulations for on-street parking;
d) adding additional traffic signals or traffic control devices;
e) encouraging the relocation of undesirable private accesses; .
and
f) investigating the designation of King Avenue as a controlled
access road under the Municipal Act, 2001, and the closing of
private accesses."
17. By adding a new Section 12.4 as follows:
"12.4 The Municipality may require a traffic impact study for any
proposal for development or redevelopment to ensure that it does
not negatively impact operation, safety and capacity of the road
network. "
18. By amending Map A - Land Use as shown on Exhibit "K"
24
The South-West Courtice Neighbourhood Secondary Plan
The South-West Courtice Neighbourhood Secondary Plan is hereby amended as
follows:
1. by amending Map A - Land Use as shown on Exhibit "L"
25
EXHIBIT "A" To Official Plan Amendment No. 43
:'i:-'Ol~! ~~,<,')
---~1CIUtIIWn'
From "Main Central Area-
To "Town CenIre-
W}J =_
0--
lIJ ~ -=--"
I][] :"" ~.
From "Sub<:e.ntraI Ata-
To.Couttic:eW811
~D"'"
h
U
11
~~
u.
--
COUR1ICE ....
--
11leJ8te'l.ocaIc..-Alea"I
!ll!iI"......
1r0t,,;,j_y-.
hiYFI ~_
-=---
- ==-........
1"1 UlIJlY
c:::J ~~~
---
1;!i,";1__
- --....
. -....
. fElli_a 1RI1ClQO PARK
a~......
I!i fg;'''::.,.......
. ~ SCHOOL
" ~~-
-- ~~.~~
.....----.. SPElC:ML. PCIIJCV ARE.\
_SIlIl\'_
_ 00_
~
t
o l1li _ _ 100.
_.
MAP A2.
LAND USE
COIJR11Ce URBAN AREA
0FFl0lAL.....
MUtIaPAUTY OF' CI.MIHGTOH
-....
tAKF t:WJioIAlt'
I~~"",- I
EXHIBIT "B" To Official Plan Amendment No. 43
From "Neighbourl100d CommerclaJ"
To "Neighbourhood Cen1re"
MAP A3
LAND USE
BOWUANVIu.E URBAN AREA
0FFIaAI.......
""""""'" OF ..-..ron
--.-
alIR1DDD
D--
-~-
Ib;n'2.I~_
-=-- . =--
_~_ is =:.._
DU1IJlY ~~_
D ==:r:... . =-_
-.....- .. ~-
12.01__ 13 =-_
-........,. - -- ==""-
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. NEJGt8UHICI) fWIK _ If'EQIII. srur:rr .....
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EXHIBIT lB1" To Official Plan Amendment No. 43
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and "Environmental
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LAND USE
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0fF1ClAL PIAN
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EXHIBIT "0" To Official Plan Amendment No. 43
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MAP A5
LAND USE
ORONO URBAN AREA
OFFICIAL PlAN
MUNICIPAUTY OF CLARINGTON
FEBRUARY 6, 2006
EXHIBIT "E" To Official Plan Amendment No. 43
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MAP B3
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- - - - TYPE B AR1ERIAL
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OFFICIAL PLAN
t.lUNICIPAI..fTY OF CLARINGTON
FEBRUARY 6, 2006
REFER TO SECTION 1 g
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AND REPRESENTS REQUESTED UODIAC".A11ONS JHJ APPROVALS
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EXHIBIT "F" To Official Plan Amendment No. 43
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MUNICIPAUlY OF CLARINGTON
FEBRUARY 6. 2006
REFER TO SEcnONS 5 ANO 9
LAKE ONmR/O
EXHIBIT "G" To Official Plan Amendment No. 43
I
REVISE "WEST TOWN I
CENTRE" BOUNDARY I
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(3 50)
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8
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OFFICIAL PLAN
MUNICIPAUlY OF ClARlNGTON
FEBRUARY 6. 2006
REFER TO SEC110NS 5 AND 9
11HIS CQHS01.Il.tJION IS PR<MJED FOR CONVENIENCE OII..Y I
IHJ REPRESEN1S REQUESTED WODIFlCA11OHS IHD NlPROVIlS
- - - URBAN BOUNDARY
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EXHIBIT "H" To Official Plan Amendment No. 43
Rename from "Main Central
Area" to "Village Centre"
---9
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(3900) I
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MAP E3
NEIGHBOURHOOD PLANNING UNITS
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OFFICIAL PLAN
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FEBRUARY 6. 2006
REFER TO SECTIONS 5 AND 9
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MAPA
LAND USE
COURTICE WEST SHOPPING DIS1RICT
MIXED USE AREA
COURTlCE WEST
SHOPPING DISTRICT
SECONDARY PLAN
FEBRUARY 6. 2006
GENERAL COMMERCIAL AREA
- - - - INTERNAL LANEWAYS
~
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. . . . . . PEDESTRIAN W~AYS
EXHIBIT "L" To Official Plan Amendment No. 43
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- - - PLANNING N<EA BOUNOARY
f..:', "" "l FUTURE URBAN RESlDENllAL
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to "Neighbourhood Centre"
..,
SOUTHGA 7E:
DRIVE:
BASELINE ROAD
@ HERITAGE HOUSE
AR1ERlAL ROADS TYPE A
ARTERiAL ROADS TYPE B
- - - ARTERiAL ROADS TYPE C
--_____n COUEClllR ROADS
.. LOCAL ROAD ACCESs
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Rename from "South
West Courtice" to
"Bayview Neighbourhood"
MAPA
LAND USE
BAYVlEW NEIGH80URHOOD
SECONDARY PLAN
FEBRUARY 6. 2006
Attachment 9
To Report PSD-027-Q6
AMENDMENT NO.44
TO THE CLARINGTON OFFICIAL PLAN
March 1, 2006
PURPOSE: To implement the recommendations of the Commercial Policy Review and
the Bowmanville West Main Central Area Secondary Plan Review
including the renaming of this Main Central Area to the Bowmanville West
Town Centre, expanding the boundaries of the West Town Centre, and
designating additional lands for commercial development.
LOCATION: This amendment applies to lands in Part of Lots 14 to 17, Concessions 1
and 2 former Town of Bowmanville and former Township of Darlington
bounded generally on the south by the St. Lawrence and Hudson (CP)
railway and to the north by the Brookhill tributary to the Bowmanville
Creek and a future road to be known as Brookhill Boulevard.
BASIS:
This Amendment is based on the C/arington Commercial Policy Review:
Final Report - Recommended Policy Changes dated May 30, 2005 and
the Bowmanvil/e West Main Central Area Secondary Plan Review dated
May 30, 2005 prepared by Meridian Planning Consultants Inc., the
supporting analysis by retail market, urban design and transportation and
engineering sub-consultants and further review by municipal staff.
ACTUAL AMENDMENT:
The Bowmanville West Main Central Area Secondary Plan is hereby
amended as follows:
1. By renaming the Bowmanville West Main Central Area Secondary Plan as
the "Bowmanville West Town Centre Secondary Plan".
2. By deleting all references to the "Bowmanville West Main Central Area"
and replacing them with references to the "Bowmanville West Town
Centre" and by deleting all references to the "Bowmanville East Main
Central Area" and replacing them with references to the "Bowmanville
East Town Centre". .
3. In Section 1.1,
a) by deleting the figure "55" and replacing it with the figure "74"
b) by deleting the words "Martin Road (Regional Road 57) and Green
Road" and replacing them with the words "the CP Rail overpass and
the east limit of the Urban Boundary."
4. Add a new goal 2.4 as follows:
"2.4 To consider comprehensively market, land use, urban design and
transportation objectives in the consideration of any application for
the development of land in the Bowmanville West Town Centre."
1
5. In Section 3.1.7, by deleting the words "beyond the initial allocation in
order".
6. By renumbering Sections 3.3.1 and 3.3.2 as Sections 3.3.3 and 3.3.4,
respectively and adding new Sections 3.3.1 and 3.3.2 as follows:
"3.3.1 To promote and enhance the function of King Street/Highway 2 as
the Main Street of the Bowmanville West Town Centre.
3.3.2 To provide a connected grid of public and private streets to
enhance movement and access options, redUce congestion and
improve emergency access."
7. By deleting Sections 3.4.1 and 3.4.2 and replacing them with the following
ne..... ..ections:
"3.4.1 Distinct 'Sense of Place' - to create an urban character through high
quality architectural treatments and site planning that provides visual
interest at a pedestrian scale.
3.4.2 Connective Street Network - to provide an efficient grid street
network as the basic organizational structure for the area. The grid
street network should define an urban block pattern, provide
maximum pedestrian, bicycle, and vehicular connectivity and route
choices, and facilitate access to existing and proposed transit
services.
3.4.3 Pedestrian Access'- to ensure direct, safe and efficient pedestrian
access supported by sidewalks situated along all roads and drive
aisles, walkways located within parking areas, and designated
crosswalks.
3.4.4 Urban Street Edge - to ensure development provides physical
definition to streets and public spaces through appropriate placement
and design of buildings, parking areas and landscaping, particularly
along King Street/Highway 2, Clarington Boulevard, and Green Road.
3.4.5 Plan for Infill - to ensure that development initially permitted in
accordance with this Secondary Plan is designed in such a way so
as to facilitate redevelopment at greater intensity in the longer term.
Block patterns for development should be designed to ultimately
accommodate denser, mixed-use development.
3.4.6 Environmentally Sustainable - to ensure that development is
designed to achieve a high degree of environmental sustainability."
8. In Section 4.1, by replacing the figure "g" with the words and figures "11
and the urban design policies of Section 13".
g. By deleting Section 4.2 and replacing it with the following:
"4.2 No expansion to the limits of the Bowmanville West Town Centre
and no redesignation of additional lands for General Commercial or
2
Street-Related Commercial is permitted prior to a comprehensive
review of the Official Plan after 2011".
10. By deleting Section 4.3 and replacing it with the following new Section
4.3:
"4.3 Retail Limits for the Bowmanville West Town Centre
a) In order to ensure that retail and service development proceeds
in a fashion that sufficient population exists to support the
planned function of Town and Village Centres and to ensure
ongoing redevelopment potential within the Bowmanville East
Town Centre, new retail development in the Bowmanville West
Town Centre will be linked to the growth of population in the
Municipality of Clarington.
b) The development of retail and service floor space in the
Bowmanville West Town Centre will proceed in an incremental
fashion. Until such time as the Clarington population reaches
91,000 persons, the maximum permitted retail and service floor
space in the Bowmanville West Town Centre is as follows:
i. Retail Floor Space
ii. Service Floor Space
73,000 square metres
7,000 square metres
For the purpose of this section:
· Retail floor space includes department stores and stores
selling department store type merchandise (e.g. apparel,
home furnishings, sporting goods and hardware),
supermarkets, specialty food stores, beer, liquor or wine
stores, automotive products and home improvement
stores.
· Service floor space includes restaurants, personal
service shops, rental stores, and financial institutions.
· Floorspace not included in the above limits are medical
or dental offices, business and professional offices,
government offices, places of entertainment, private
clubs, community facilities and gas stations.
c) The following allocation of total gross leasable floor space,
which includes retail, service and all other commercial floor
space, is made:
i. 18,600 square metres for the lands bounded by Clarington
Boulevard, Prince William Boulevard, Green Road and
Highway 2;
3
ii. 8,000 square metres for the lands bounded by Clarington
Boulevard, Prince William Boulevard, Pethick Street and
Highway 2;
iii. 4,000 square metres for the lands east of Clarington
Boulevard, north of Highway 2;
iv. 18,000 square metres for the lands bounded by Clarington
Boulevard, the Stevens Road extension; Green Road and
Highway 2;
v. 34,500 square metres for the lands north of Highway 2
between Green Road and Boswell Drive extension, provided
that no more than 30,500 square metres is permitted in the
General Commercial Area and provided that the zoning by-
law shall contain restrictions to ensure that the first full year
of operation of the retail and service floor area in the General
Commercial Area shall not be earlier than 2008.
d) Development of land will be released through site specific
amendments to the Zoning By-law in accordance with the policies
of this Plan. The implementing zoning by-Iaws(s) may incorporate
restrictions on the type, amount and location of retail and service
f1oorspace, minimum and maximum store sizes and other similar
requirements to define the role of the Bowmanville West Town
Centre in relation to historic downtowns and to implement the urban
design and energy conservation objectives of this Plan.
e) The f100rspace limits identified in Section 4.3 (b) may be amended
through a comprehensive review of the commercial f100rspace in
the Municipality. In addition to any other appropriate planning,
urban design and traffic studies the Municipality shall conduct an
independent market analysis, at the expense of the applicant for
such permission, which addresses the following:
. the impact of development that has occurred in the Bowmanville
West Town Centre since 2003 on the Bowmanville East Town
Centre, including the historic downtown, and other designated
Town and Village Centres in Clarington;
. changes in consumer expenditure patterns from the patterns
documented in previous studies; and
. the anticipated impact of any proposed development(s) on the
viability of existing retail and service uses in Clarington and the
planned growth and function of Town and Village Centres.
11. By deleting Sections 4.4and 5.2.4.
12. By renumbering Sub-section 5.2.5 e) as Section 4.4 and by deleting the
words "Retail Commercial" and replacing them with the words "General
Commercial and Street-Related Commercial";
4
13. By deleting the word "personal" from in between the words "and" and
"service"; and
14. By deleting the words and numbers "Section 5.2.4" and replacing them
with the words and numbers "Section 4.3".
15. By adding a new Section 4.5 as follows:
"4.5 Notwithstanding any other provision of this Plan, only two full-
service banks or financial institutions are permitted in the
Bowmanville West Town Centre."
16. By adding a new Section 4.6 as follows:
"4.6 For the purpose of Section 10.9.3 of the Official Plan and in
consideration of land use and urban design Objectives of this Plan,
the intersections of King StreeUHighway 2 with Regional Road 57,
Clarington Boulevard and Green Road are prominent
intersections, which Council deems to have important visual
significance. "
17. In Section 5, by changing the Section title from "Retail Commercial" to
"General Commercial".
18. In Section 5.1, by deleting the words "Retail Commercial" and replacing
with "General Commercial", by adding the words "larger format" after the
words "to concentrations of", and by deleting the second sentence in its
entirety.
19. In Section 5.2.1:
a} in Sub-section a}:
i) by deleting the words "Retail and personal service uses,
including: and replacing them with the words "Certain retail and
services uses such as:";
ii} by deleting the words "provided that: i} a general merchandise
store, a food retail warehouse, clothing retail warehouse and a
drug retail warehouse shall not be permitted"; and
iii} by adding a second sentence as follows:
"For the purpose of clarity, retail and services uses do not include a
large format home improvement centre."
b) by deleting Sub-section b) and renumbering Sub-sections c) and d}
as Sub-sections b) and c}, respectively.
c} in renumbered Sub-section b} by inserting the words "business or
training schools" between the words "cultural facilities," and the
words "day care"; and
d} in renumbered Sub-section c} by deleting the words "provided that,
on the parcel of land bounded by Highway 2, Clarington Boulevard,
Prince William Boulevard and Green Road, up to 929 square
metres may be located on the ground floor."
5
. e) By deleting the existing subsection e) and replacing it with the
following:
Notwithstanding 5.2.1 a) and 6.2.1 a) a large format home
improvement store having a maximum total floor space of 9,175
square metres is permitted on the lands designated General
Commercial and Street-Related Commercial located on the west
side of Clarington Boulevard and the south side of Stevens Road
extension subject to the following:
i.. The home improvementstore will be certified under the LEED
Rating System; U .
ii. The exterior walls of the store will be finished with brick and
stone pre-cast panels;
iii. The enclosed garden centre/outdoor display area shall not
exceed 1630 square metres and the seasonal garden centre
shall not exceed 930 square metres;
iv. The enclosed outdoor storage area shall not exceed 820 square
metres;
v. Any enclosed garden centre/outdoor display area and the
outdoor storage area located along the street-edge will contain
a high quality finish comprising decorative fencing and pre-cast
panels similar to the main building;
vi. No outdoor storage and display is permitted outside of the fence
enclosed garden centre/outdoor display area save and except
for an outdoor display area no greater than 80 square metres
adjacent to front entrance of the building, provided there is no
display or storage of building materials, dumpsters, sheds or
large equipment;
vii. The provisions of Section 13.2.2 shall not apply;
viii. The street edge of Clarington Boulevard shall be defined with
high quality landscape treatment including seating areas and
the provision of a decorative fencing consistent with the
architectural character of the building; and
ix. Notwithstanding 13.3.1, the primary building favade shall
contain 20% transparent glazing and the rear building favade on
Stevens Road shall contain 10% transparent or opaque glazing.
20. In Section 5.2.2, by deleting the word "Retail" and replacing it with the
word "General".
21. By deleting Section 5.2.4 and replacing it with the following:
"5.2.4 Council may consider limitations on the size of large format stores
with the objective of encouraging compact built form and energy
efficient buildings. .
6
22. In Section 5.2.5:
a) by deleting the word "Retail" and replacing it with the word
"General" and by deleting all references to "Bowmanville
Boulevard" and replacing them with references to "Prince William
Boulevard";
b) by deleting Sub-section a) and replacing it with the following:
"a) Development will comply with the applicable Urban Design
Policies of Section 13.-
c) by deleting Sub-sections 5.2.5 c), g) and h) and renumbering Sub-
section 5.2.5 d) as Sub-section 5.2,5 c);
d) by numbering the second paragraph of the newly numbered Sub-
section c) beginning with the words "In order to facilitate" as a new
Sub-section d); and by adding thereto the words and numbers "and
the policy contained in Section 15.2.3" after the words
"implementation of this policy";
23. By renumbering the original Sub-section 5.2.5 f) as a new S'ection 4.8.
24. By renumbering Section 5.2.6 as a new Section 6.2.3
25. By adding a new Section 6 titled "Street-Related Commercial" as follows:
"6. STREET-RELATED COMMERCIAL
6.1 PURPOSE
Lands designated Street-Related Commercial on Map A of this
Secondary Plan are intended to provide specific areas dedicated to
smaller scale, pedestrian-oriented retail and personal service uses,
in particular uses that contribute to an active street life such as
cafes, restaurants and smaller shops.
6.2 POLICIES
6.2.1 The permitted uses shall be:
a) Retail and service uses, including: specialty food stores,
general retail stores, convenience retail stores,video
stores, retail liquor stores, restaurants, taverns, barber
shops, beauty salons, dry cleaners, art studios, travel
agencies and financial institutions provided that:
i. anyone store has a maximum leasable floor area of
1000 square metres; and
ii. no drive-through facility is permitted;
b) community uses, including social, recreational and
cultural facilities; business or training schools, day care
and nursery facilities;
c) medical offices, business, professional and/or
7
administrative offices provided they are located on the
second or upper levels above ground floor; and
d) residential dwelling units provided they are located on the
second or upper levels above the ground floor.
6.2.2 The following policies shall apply to the development of lands
designated Street-Related Commercial in the Bowmanville
West Town Centre:
a) Highway 2 and Clarington Boulevard shall provide a
focus for commercial development in the Bowmanville
West Town Centre. The implementing Zoning By-law
and the Urban Design policies provide direction regarding
the relationship of buildings to the street, landscape
treatment, and parking areas as required to achieve a
high quality pedestrian retail environment.
b) Notwithstanding Section 6.2.1 a) i, Council may consider
additional store size limits on a site specific basis to
distinguish the role of street-related retail development
between in the Bowmanville West Town Centre and to
mitigate the impact on historic downtowns and the
Bowmanville East Town Centre.
c) Buildings shall be designed to be located generally at
grade with the adjacent sidewalk on the pUblic or private
street.
d) Access to parking and loading facilities shall be
established which will minimize disruption to the
pedestrian use of the streets. Adequate, well-designed
off-street parking, loading and service areas shall be
required on the site of each commercial development.
e) Development will comply with the applicable Urban
Design Policies of Section 13.-
26. By renumbering Sections 6, 7, 8, 9 and 10 to Sections 7. 8, 9,10 and
11, respectively.
27. By deleting the word "personal" in the first and last sentences of
renumbered Sub-section 7.2.1 d).
28. By deleting renumbered Sub-sections 7.2.1 f) and g).
29. By deleting the word "personal" in the last sentence of renumbered
Section 7.2.2.
8
30. In renumbered Section 8.1,
a) by deleting in the second paragraph the "A" before the word "High"
from the first sentence and replacing it with the words "The Mid
Rise"; and
b) by deleting the words "as well as the parcel abutting King Street"
from the first sentence of the second paragraph and replacing them
with the words "whereas a Low Rise High Density designation is
provided for on lands north of the General Commercial, west of
Green Road"
31. Inrenumbered Section 8.2.1 c), by deleting the word .uses" and
replacing it with the word "facilities..
32. By deleting renumbered Section 8.2.1 e) and replacing it with the
fOllowing:
"e) Limited retail and service uses may be permitted on the ground
floor of residential apartment buildings."
33. By deleting renumbered Section 8.2.2.a) and replacing it with the
following,
"8.2.2 a) Development on lands designated Medium Density
Residential shall be a minimum of 31 and a maximum of 60
units per net residential hectare."
34. By inserting a new Section 8.2.3 as follows and renumber accordingly:'
"8.2.3 Low Rise High Density Residential
a) Development on lands designated Low Rise High Density
Residential shall be a minimum of 50 and a maximum of 80 units
per net residential hectare.
b) Permitted dwelling types shall include: townhouses; stacked
townhouses; and low rise apartment buildings not exceeding six
(6) storeys in height."
35. In renumbered Section 8.2.4:
a) by adding the words "Mid Rise" before the words "High Density
Residential" in the title of the section;
b) by deleting renumbered Sub-sections 8.2.4 a) and b) and replacing
them with the following,
.a) Development on lands designated Mid Rise High Density
Residential shall be a minimum of 50 and a maximum of 300
units per net residential hectare.
b) Apartment buildings may be up to twelve (12) stories in
height:
36. In renumbered Section 8.2.5,
a) by renumbering Section 8.2.5 as Sub-section 8.2.5 f)
9
b) by adding the following at the beginning of the section:
"The following policies shall apply to the development of lands
designated for residential purposes in the Bowmanville West Town
Centre. ";
c) by inserting the letter and parenthesis "a)" before the words "A
minimum of 30%" to begin a new sub-section; and
d) by adding new Sub-sections b), c), d) and e) as follows:
"b) Development will comply with the applicable urban design
standards of Section 13 and the energy conservation policies
of Section 14.
c) Indoor and outdoor amenity areas shall be provided in
accordance with the Municipality's Amenity Guidelines for
Medium and High Density Residences.
d) Appropriate separation from the railway corridor is necessary
through:
. the creation of a 30 metre setback as required by the CP
Rail guidelines;
. the inclusion within that setback of a 10 metre
landscaped zone adjacent to the railway corridor to
include landscape elements; and
. the design and siting of buildings so as to minimize visual
and noise impacts from the railway corridor.
e) Secured communal storage rooms and bicycle storage rooms
should be provided in apartment buildings.
37. In renumbered Section 10.2.2, by adding the words "Brookhill Tributary
of the" before the words "Bowmanville Creek".
38. By renumbering Section 10.2.4 as Section 10.2.5 and by adding a new
Section 10.2.4 as follows:
"10.2.4 It is the Municipality's policy to have a small publicly accessible
square established at an appropriate location on the north side
of Highway 2 between Clarington Boulevard and Green Road.
39. In renumbered Section 11.2.2, by adding the word "Rail" after the word
"GO. and by adding the words "and transit terminal" after the word
"Station".
40. By deleting the renumbered Section 11.2.3.
41. By deleting original Section 11 titled "Special Policy Area No.1" in its
entirety and renumbering the following Sections accordingly.
42. By deleting renumbered Section 13 in its entirety and replacing it with a
new Section 13 as follows:
10
"13. Urban Design Policies
13.1 Purpose
Achievement of the Municipality's urban design vision for
Bowmanville West Town Centre is of the highest priority. In order
to ensure this vision is achieved the Plan provides for levels of
design policies:
a) Urban Design Objectives, found in Section 3.4 of the Plan
are broad statements of the intent and key aspects of the
design policies;
b) Detailed Site Design Policies for Commercial Development
in Section 13.2 relate to a variety of site development issues
including parking, buffering, landscaping, pedestrian access,
service areas and signage;
c) Building Design Policies for Commercial Development in
Section 13.3 deal with elements of building form -and design;
d) Site and Building Design Policies for Residential
Development in Section 13.4 deal with a variety of site
development and building form and design issues;
e) The Demonstration Plan in Schedule A is a plan for the
Bowmanville West Town Centre demonstrating an
application of the urban design policies. Illustrated Urban
Design Policies in Schedule B provide explanations or
examples of the application of the urban design policies.
Urban design principles, detailed site design criteria and building
design policies are provided by this Plan in order to assist in the
evaluation of development proposals through the integration of
rezoning and site plan processes.
13.2
Detailed Site Design Policies for Commercial Development
13.2.1
Street and Pedestrian Network
. An open grid of public and private streets, and major private
lanes will form the basic organizational structure for the area
which should define an urban block pattern, provide maximum
pedestrian, bicycle, and vehicular connectivity and route
choices, and facilitate access to existing and proposed transit
services.
. The street network will form a key component of the public
realm and should be characterized by high quality streetscaping
and landscape treatments.
11
. Where commercial uses front on a public or private streetline,
sidewalks should continue to the building face.
. Sidewalks abutting King Street IHighway 2, and Clarington
Boulevard should have a minimum width of 3.0 metres.
. Sidewalks will be provided on both sides of all public streets and
a minimum of one side of all private streets.
. Sidewalks and walkways abutting the front fayade of larger
format stores shall have a minimum width of 3.5 metres.
. Sidewalks and walkways should promote active and safe
pedestrian activity and stimulate visual interest. All sidewalks
and walkways fronting commercial uses shall include in-ground
trees generally planted 6.0 to 9.0 metres on centre, pedestrian
scale lighting, and street furnishings such as garbage
receptacles, and possible outdoor merchandise displays and
selling areas.
. All sidewalks fronting other non-commercial uses shall include
in-ground trees generally planted 6.0 to 9.0 metres on centre
within the grassed landscape boulevard, pedestrian scale
lighting, and street furnishings such as garbage receptacles.
. The use of special paving treatment is encouraged at focal
points including building entrances, squares, and through block
connections.
. Clearly designated pedestrian crossings should be provided at
the intersection of all public and private streets and major
private laneways. Pedestrian crossings should be marked with
line painting or surface material variation and should be at least
3.0 metres wide.
. Private streets shall be located on a suitable right-of-way to
allow for their future conversion to public streets. Wherever
possible private streets shall be designed and constructed to
municipal road standards similar to Local Commercial Streets
as shown in the Functional Engineering and Streetscape
Implementation Plan: Bowmanville West Main Central Area
(September 1995). Private streets will appear and function as
an extension of the overall public street network. The municipal
street lighting design standard for public streets in the
Bowmanville West Town Centre will be used on private streets.
12
13.2.2 Building Orientation and Site Layout
. Buildings will be organized to define and frame abutting public
and private streets as a first priority; and, to define and frame
major private laneways, internal drive aisles, sidewalks, parking
and amenity spaces as a second priority.
. The large format .super block" will be broken into functionally
and visually smaller units by major private laneways and internal
drive aisles, a network of connected walkways, and
landscaping.
. Building setbacks shall be reduced to minimize distances
between building entrances and abutting public street
sidewalks; to establish a consistent built form edge; and to allow .
for the development of a significant streetscape contributing to
the identity and amenity of the area. Maximum building
setbacks from the property line on public streets are generally
as follows:
. King Street!Highway 2:
. Clarington Boulevard:
3.5 metres
2.0 metres
. Definition of the street edge is a priority. At least 50% of the
total street frontage shall be occupied by buildings on King
Street! Highway 2 and Clarington Boulevard.
13.2.3. Surface Parking Areas
. Internal vehicular routes shall be clearly defined by raised and
curbed landscape islands planted with trees and low level
vegetation. Internal drive aisles will be a minimum 6.0 metres in
width.
. Parallel parking spaces may be provided on private roads at
store fronts with appropriate bump-outs at periodic intervals
where high pedestrian activity is anticipated.
. Parking aisles should generally not exceed 30 contiguous
spaces in length and should have a consistent design angle
perpendicular to primary building entrances.
. The visual impact of surface parking areas shall be minimized
by screen walls, landscaping or lowering of the parking areas by
up to 0.5 metres from the adjacent street grade.
13
. Appropriate lighting levels and consistency of coverage will be
provided in parking area to assist both pedestrian and vehicular
circulation. The height and intensity of light standards should be
sensitive to adjacent land uses minimizing light spillover, glare
and impact on night skies. Full cut-off fixtures are to be used.
. Designated handicapped and mobility impaired parking spaces
should be located as close as possible to building entrances
and be clearly identified by signs or markings.
13.2.4 Landscaping of Parking Areas
. Intemallandscaping elements will define visually and
functionally smaller parking "courts" and reduce the overall
impact of surface parking areas and heat island effects.
. Trees at the perimeter of parking areas will be planted generally
every 6.0 to 9.0 metres on centre.
. A landscaped island should generally be located at each end of
every parking aisle. Where the parking aisle is greater than 20
spaces in length. a landscaped island must be provided.
Landscaped islands shall have a minimum width of 2.5 metres
wide and include one tree. per parking row.
. A landscaping island should be provided generally at the mid
point of the parking aisle, and/or approximately every 15 parking
bays. The landscaping island should have a minimum width of
2.5 metres and include a minimum of one tree per parking row.
. Where possible. internal landscaping should incorporate
existing vegetation and significant tree planting.
13.2.5. Landscape Buffers
. High quality landscaping treatments will be used to define site
boundaries. provide buffers between adjoining developments,
and screen storage and utility areas.
. Landscaped areas adjacent to the streetline will be a minimum
of 3.0 metres wide adjacent to parking areas and service areas.
. Landscaped areas between commercial and residential
developments will have a minimum width of 3.0 metres adjacent
to the property line.
14
. To ensure opportunities for surveillance from adjacent areas,
perimeter hedge and sHrub screening should not exceed 1.0
metre in height.
. Selection of plant material should consider the following:
. Year-round appearance;
. Seasonalvarie~;
. Hardiness and resistance to disease;
. Maintenance requirements;
. Tolerance of plant materials to salt; and
. Urban conditions.
13.2.6 Pedestrian Access
. Pedestrian walkways should where possible be contiguous to
major private laneways and opposite primary building entrances
to enable safe and direct pedestrian movements.
. An internal pedestrian walkway network should visually and
functionally define smaller parking 'courts".
. Walkways should have a minimum width of 1.5 metres, with a
landscaping zone on one side that is 2.0 metres in width.
. Walkways shall include pedestriancscaled amenities wherever
possible, such as benches, trash receptacles and lighting.
. Drive aisle crosswalks should be signed and constructed of
materials that are different to the drive aisle, such as
interlocking brick paving.
13.2.7 Pedestrian Entrances
. Main entrances to buildings shall be emphasized through
canopies, awnings, towers or similar taller, non-habitable
building structures. The volume and height of such structures
should emphasize the prominence of entrances particularly at a
corner location.
. Each store, commercial unit, or building will generally provide an
entrance facing the adjacent public street as a first priori~ and
private streets as a second priori~.
. Building entrances shall be identifiable and accessible to the
disabled. High quality streetscape and landscaping treatment is
encouraged at all building entrances.
15
. Windows should be coordinated with the location of pedestrian
walkways to provide interest and improve security along these
routes.
. Pedestrian access from adjacent neighbourhoods should be
provided by walkways where insufficient access is available
from street sidewalks.
13.2.8. Amenities
. Amenities may include terraces, parkettes or squares, water
features, public art, outdoor dining areas and transit shelters.
. Customer and visitor amenities should be located in close
proximity to building entrances.
. Amenities are particularly important in the Street-Related
Commercial Areas.
. Bicycle parking facilities shall be provided to encourage
alternative modes of transport, particularly for employees and
consumers with small purchases. Larger stores are encouraged
to provide indoor bicycle parking facilities for employees such as
storage rooms and showers.
. Amenity areas shall be located within landscaped, pedestrian
spaces, and provide seating.
13.2.9. Service Areas
. Service areas shall be screened from public and private streets,
major pedestrian routes or residential areas. It is preferable to
locate service areas off service driveways and away from public
streets.
. Storage of goods or garbage shall generally be integrated as
part of the building and not as separate stand-alone structure.
. Service areas for delivery, loading and garbage pick-up should
be coordinated to reduce vehicular interruptions along the pUblic
street and within parking areas.
. Screening shall use building materials and/or landscape
treatments similar to those used for the principal buildings.
16
. Where solid screens are provided, the materials should be
similar to or compatible with those of the building's exterior
finishes.
13.2.10. Transit Facilities
. Building entrances and bus stops should be arranged to provide
convenient access to the buildings by public transit passengers.
. On sites adjacent to or near a bus stop, conveniently located
walkways will be provided to cross and connect individual sites
in order to provide pedestrians the most efficient route to and
from transit stops. .
13.2. ~ 1. Signage
. Pylon signs for private development should be orief')ted to
address the street frontage, street intersections and primary
access driveways. Pylon signs should be compatible with the
associated building design in scale, material and colour, and
should be set within a landscaped setting.
. Building identification signs should be incorporated on the front
fayade, and should be compatible with the building design in
scale, material and colour.
. Externally lit signs are encouraged, particularly those that face
the public street or parallel a pedestrian walkway.
. Building identification signs should be applied as large scale
building elements, including awnings and banner signs to
contribute to an artful and dynamic building presence that will be
attractive and visible to passing pedestrians and motorists.
. Directional signs should be provided for pedestrian walkways,
parking and service areas. The graphic quality of directional
signs should be clear and distinct and be coordinated with the
image of the development.
13.3 Building Design Policies for Commercial Development
13.3.1 Building Materials and the Location of Buildings on a Property
. Blank or single material facades that extend the entire length
of the building parallel to the public street will incorporate
additional architectural detailing and, where appropriate, signs,
murals, sculptural or graphic design.
17
. Facades longer than 25 metres shall be subdivided through a
combination of windows and projections and recessions in the
building wall to create a consistent rhythm across the fac;:ade
and establish divisions that express a hierarchy of entrances
and identify individual businesses, where applicable.
. Transparent glazing on the at-grade primary building facades
and areas that have public activity shall be maximized having
regard to the nature and function of the building. The following
minimum requirements generally apply to the primary building
facades:
General Commercial 20%
Street-Related Commercial 40%.
Glazing should be actively used to provide storefront windows
or merchandise displays and should not be covered internally
by displays or window decals.
. Corner buildings at the intersections of King StreeUHighway 2
with Regional Road 57, Clarington Boulevard, Green Road
and Boswell Drive, or at gateway locations shall include
articulated building elements in the form of towers, bays or
other details that emphasize the focal nature of these buildings
and wall projections, recessions, materials and other details
that enhance the visibility of these locations.
. Building materials recommended for new construction include
brick, stone and wood frame. Materials such as aluminium,
steel and metal panels may be used provided they are used
within an appropriate context.
. Rooftop mechanical equipment and fume extractor vents
should be integrated with the building design and rooftop units
and vents will be screened using materials complementary to
the building. Where appropriate, parapets should be used to
screen rooftop mechanical units.
13.3.2 The following design guidelines shall be considered with the
location of a drive-through facility: .
. Any drive-through facility must be located on a lot greater than
3,000 square metres;
. All buildings containing drive-through facilities shall be
oriented to the primary street frontage with a setback not to
18
exceed 3.0 metres. No portion of the stacking lane and no
parking spaces or drive aisle shall be located within the
setback area;
. Drive-through facilities (including the stacking lane, order
board, loud speaker. pick up window, or banking machine)
shall not be located within 12 metres of properties zoned for or
containing residential uses;
. Speakers and order-boards associated with a drive-through
facility shall be oriented away from a residential use and their
sound levels should be minimum so as not to create sound
disturbance. Screening from headlights must be provided;
. Drive-through facilities located adjacent to properties zoned to
permit residential uses shall construct opaque fencing at least
1.8 metres in height, between the uses; and
. Landscape buffers adjacent to a property zoned to permit
residential uses should have a minimum width of 3.0 metres
and include ample coniferous trees (minimum of 2.4 metres in
height), and deciduous trees (minimum 70 mm calliper).
13.3.3 The following design guidelines shall be considered when
reviewing the stacking lanes at a drive-through facility:
. A 1.5 metre wide direct pedestrian walkway to the building
entrance which does not intersect with or cross the stacking
lane shall be provided and maintained on the lot from the
primary street frontage;
. Stacking lanes shall have a minimum width of 3.0 metres;
. For a restaurant with a drive-through facility a stacking lane
length of a minimum 12 vehicle queuing spaces (one vehicle
queuing space is defined as 6.0 metres in length) shall be
provided. At least 4 queue spaces shall be located between
the pick-up window and the order board station;
. For all other drive-through facilities a stacking lane length of a
minimum 4 vehicle queuing spaces (one vehicle queuing
space is defined as 6.0 metres in length) shall be provided;
. The entrance to a required stacking lane may not be located
within 18 metres of a site access to a public or private street;
19
. The required stacking lane must not interfere with or block
access to required parking spaces;
. A required stacking lane should not be crossed or bisected by
a driveway, or access to a loading space access or service
area;
. The full length of the stacking lane must be demarcated by
concrete curbs, and the use of soft and hard landscape
featu res:
. Stacking lanes should be linear and straight, with a minimum
number of curves or turning movements and should not
interfere with traffic on public streets; and
. Double drive-through facilities on a site should be avoided.
Where a double drive-through condition cannot be avoided the
landscaping and decorative pavement shall be increased on-
site.
13.4 Site and Building Design Policies for Residential Development
13.4.1 Building Orientation and Design
Apartments
. Building facades shall be oriented so as to reinforce the street
and other public spaces as the primary organizing element
. Buildings over four stories should be set back from the street or
set back on a podium to maintain a pedestrian related scale and
to mitigate wind and shadow effects. A podium base should
generally be between two and four stories in height.
. Buildings on corner lots should incorporate enhanced
architectural elements such as entrance canopies, towers, and
corner articulation.
. Service areas, utilities and parking should be sited or screened
to minimize potential negative impacts.
. The ground floors of apartment buildings facing residential
streets shall be primarily occupied by active residential uses
such as living spaces, indoor amenity areas and entry ways.
On commercial streets, ground floor retail and services uses
may be used to provide an active street frontage.
. Long, unbroken facades and blank walls should be avoided with
the use of balconies, setbacks and projections and material
transitions which help articulate the building and by the pattern
and rhythm of windows and doors.
. Buildings should be sited and designed to provide for views
overlooking streets, natural areas and public spaces while
20
minimizing views overlooking adjoining dwellings and private
amenity areas.
· Buildings should be sensitive to interfaces with adjoining
buildings and lower density areas with reduced heights,
increased setbacks, stepped massing of the building, articulated
facades and window patterns.
· Roof designs shall be integrated into the overall design of the
building. Green roof designs are encouraged.
Townhouses
· Buildings articulation and design should be informed by
structural elements such as columns, rooflines and window
fenestration, as well as functional elements such as the
locations of entries, circulation spaces and special rooms.
· Material, colour and textural differences should be provided on
townhouse facades.
13.4.2 Building Entrances
· Main building entrances for apartments shall provide a strong
identity and provide a transition from the street to the building.
Weather protection in the form of awnings, canopies and
arcades should be provided. Entries and foyers should be
comfortable, sheltered, safe, and convenient.
· Main building entrances shall be oriented towards streets, parks
or squares.
· Townhouses shall have attractive entry and porch areas near
the street level.
· Ground floor apartment units may have individual entries
directly from the street.
13.4.3 Private Amenity Areas
· Balconies, verandahs, terraces and roof gardens should be
integrated with the overall building form and facade
composition.
· Balconies and verandahs should be sized to accommodate
outdoor seating.
13.4.4 Common Amenity Areas
· Shared outdoor spaces shall be provided to meet the needs of
the residents. .
· The design of shared outdoor spaces should take into account
the follOWing:
o orientation and shading for optimum solar access
o shelter for access during inclement weather
o planting location and type for durability, ease of maintenance
and aesthetic quality
21
o ground surface materials to allow access in all weather
conditions
o privacy of dwellings facing open spaces
o public access and measures to control access where
required
o safety, in the form of lighting, informal surveillance, as well
as restricted access to pools and water features for children
o shelter from noise, wind and traffic from adjacent streets or
incompatible uses.
13k5 Parking Areas
. Parking areas shall be located at the rear or side of the
buildings and shall be appropriately screened from the street.
. Underground parking is encouraged in High Density Residential .
areas. Where decked parking is provided, it shall be
architecturally integrated with the apartment building.
. Large parking areas should be avoided by dispersing parking
courts and/or mitigated by providing appropriate landscaping.
. Generally parking aisles longer than 15 spaces should be
separated by a landscaped island.
.. Joint access is permitted.
. Wherever possible, internal or rear laneways should be
provided for all townhouse dwellings.
. Pedestrian walkways from parking areas to building entrances
should be clearly defined through materials and lighting.
. Short term bicycle parking should be provided for visitors.
13.4.6 Landscaping
. Landscaping shall reinforce the street edge and provide buffers
to adjacent uses.
. Fences along street frontages should be low, transparent and
decorative in nature to define private spaces but avoid inactive
frontages.
. Pedestrian-scale lighting should be provided for parking and
open space areas and shall avoid light trespass on to adjacent
properties.
13.4.7 Services and Utilities
. Garbage areas shall be conveniently located for residents and
for collection and shall be fully enclosed, preferably within the
building.
. Where provided, separate garbage enclosures shall have
compatible materials and colours to the dwelling units and
should be softened with landscaping on their most visible sides.
. All mechanical equipment whether mounted on the roof or
ground shall be screened from view.
22
13.5 Demonstration Plans - Schedule A of this Plan, the Demonstration
Plan, shows one scheme for the development of the area that
successfully implements the urban design, land use and
transportation objectives of this Plan. The Illustrated Urban Design
Policies in Schedule B of this Plan provides examples and
precedents of the application of the urban design policies of the Plan,
Schedules A and B are intended to be illustrative rather than
prescriptive. "
43. In Section 14.1,
a) by deleting Sub-section b) and replacing it with the following:
"b) provides increased densities in the Bowmanville West
Town Centre and structured parking wherever feasible:";
b) by renumbering Sub-section c) as Sub-section d):
c) by adding a new Sub-section c) and renumbering accordingly:
"c) encourages walking and biking as alternative means of
transportation; and" .
d) in renumbered Sub-section d), by replacing the word "surface"
with the word "bus".
44. By deleting Section 14.2 and replacing it with the following;
"14.2 The siting and design of buildings will consider concepts to
maximize the potential energy savings including:
a) orientation for maximum passive solar gain in winter;
b) the construction of new buildings to meet the LEED Rating
System;
c) green roof design and the provision of well-designed
landscaping of parking areas to minimize heat island effects;
d) renovations of existing buildings for energy and water
conservation will be encouraged; and
e) the use of alternative sustainable energy sources, such as
solar."
45. In the third sentence of Section 15.2.1:
a) by deleting the word "These" from the beginning of the third
sentence and replacing it with the words "Those roads"; and
b) by deleting the words "which is intended" and replacing with the
words "which are intended",
46. In Sub-section 15.2.3 a):
a) by adding the words "transfer to and" before the word "assumption";
b) by adding the words "as pUblic streets" before the words "at some
future date"; and
c) by adding the words "by the Municipality" to the end of the sentence
after the word "necessary".
23
47. In Section 15.2.5, by deleting the words "appropriate road authority"
and replacing them with the words "Region of Durham".
48. By adding a new Section 15.2.6 as follows:
"15.2.6 As a precondition of development of certain lands in the
Bowmanville West Town Centre, appropriate arrangements
shall be made for the following critical components of the grid
street system:
a} for the lands north of King StreeUHighway 2 between
Green Road and the proposed extension of Boswell Drive,
the following road improvements are required:
i} the proposed extension of Boswell Drive from King
StreeUHighway 2 as identified on Map A; and
ii} the construction of Stevens Avenue from Regional
Road 57 through to the Boswell Drive extension as a
combination of a public and a private road as identified
on Map A.
b) for the lands north of King StreeUHighway 2 between
Green Road and Clarington Boulevard, the construction of
Stevens Road between Green Road and Regional Road
57 as a public street.
c} for the lands on the southwest corner of Regional Road 57
and King StreeUHighway 2 the construction of Prince
William Boulevard easterly from Pethick Street to Regional
Road 57 as a public street."
49. By changing the title of Section 15.3 from "Public Transportation
Policies" to "Public Transit Policies".
50. By deleting Section 15.3.1 and replacing it with the following;
"15.3.1 The Municipality, in conjunction with the Region of Durham
and GO Transit shall endeavour to enhance public transit
use and access in the Bowmanville W est Town Centre."
51. By renumbering Section 15.3.2 as Section 15.3.4 and by adding new
Sections 15.3.2 and 15.3.3 as follows:
"15.3.2 The Municipality will encourage the development of the
Bowmanville West Town Centre as a transit node by:
a} encouraging a high level of transit service from transit
providers;
b) providing sidewalks and high quality streetscape in pedestrian
activity areas in accordance with Section 15.4 and the urban
design policies of Section 13;
c} considering the development of structured parking facilities in
partnership with private landowners; and
24
d) when the Municipality is proposing public works in the West
Town Centre, the public authority will consider opportunities to
improve the pedestrian and cycling environment, bus stops
and shelters and streetscape enhancements.
15.3.3 Development in the West Town Centre will be transit-
supportive through:
a) providing for street-oriented development with no large parking
areas between the adjacent primary public street and
buildings;
b) developing at higher densities;
c) providing frequent pedestrian linkages from streets to stores,
between buildings and through parking areas;
d) contributing to a high quality public streetscape through
landscape treatment along the streetline; and
e) providing for compact development through shared parking
where appropriate, and parking structures."
52. In renumbered Section 15.4.1 adding the words and private streets
between the words "public road right-of-way" and "to enhance".
53. Deleting renumbered Section 15.4.2. and renumbering the remaining
Sections accordingly.
54. In renumbered Section 15.4.3:
a) by deleting the words "Future Streets" and replacing them with the
words "private streets";
b) by deleting the words "Subsection 5.2.5(d)" and replacing with the
words"" Subsection 5.2.5.b) and c) and Subsection 15.2.3.
55. In renumbered Section 15.4.4 by deleting the words and punctuation
"shall be identified in the Urban Design Guidelines. These areas".
56. In renumbered Section 16.2.4,
a) by replacing the words "Master Drainage Plan" with the words
"Subwatershed Plan"; and
b) by removing the words "or subwatershed" after the words
"Bowmanville Creek";
c) by deleting the second and third sentences and replacing them
with the following "All developments within the Bowmanville Creek
watershed will be undertaken in accordance with the policies of
the Brookhill Tributary Subwatershed Plan."
57. In renumbered Section 16.2.5, by adding the words .or Subwatershed
Plan" to the end ofthe last sentence.
25
58. In renumbered Section 17 .2.1 b),
a) by adding the words "or any commercial development with loading,
refuse pick-up or drive-through facilities within 60 metres of a
sensitive use" to the end of the first sentence; and
b) by adding the words "as appropriate" to the end of the last
sentence.
59. In renumbered Section 17.2.2, by adding the following new sentence to
the end of the Section; "In the event of a comprehensive review,
Rezoning By-laws may be considered in advance of a site plan but will
besubject to holding provisions in accordance with the policies of
Section 24 of the Official Plan and Section 17.2.3 and 17.2.4 of this
Plan."
60. oyadding new Sections 17.2.3 and 17.2.4 as follows:
"17.2.3 In addition to the provisions of Section 23.4.2 of the Official
Plan, Holding Symbols may be used to ensure achievement of
the policies of this Secondary Plan by establishing conditions
linking the development of new commercial space to
population growth in Clarington, the achievement of urban
design policies and objectives through site plan agreements
and agreement on the provision of infrastructure.
17.2.4 In addition to provisions of Section 23.4.3 of the Official Plan,
prior to the lifting of a Holding Symbol, the following provisions
apply in respect to the Secondary Plan Area:
a) plans for the proposed development show that the
proponent has successfully implemented the Urban Design
Policies contained in Section 13 and the results of studies
required under Section 17.2.1, and the market, land use
and transportation objectives of this Plan to the satisfaction
of the Municipality;
b) arrangements have been made satisfactory to the
Municipality for the construction of the public streets
identified in Section 15.2.6 as critical components of the
grid street system; and
c) arrangements have been made to the satisfaction of the
Municipality for the construction of private streets identified
on Map A and their future dedication as public streets if the
Municipality requires their dedication in the future.
61. By amending Section 17.1 by adding the following sentence at the
beginning:
"Market, land use, urban design and transportation objectives and
pOlicies will be considered comprehensively in the implementation of
th is plan"
26
62. In renumbered Section 17.4, by renumbering the text as Section 17.4.1
and,
a) by deleting the words "regard shall be had for" and replacing them
with the words "shall comply with"; and
b) by inserting the words "policies of this Plan and any Urban Design"
between "Urban Design" and "Guidelines".
63. By adding a new Section 17.4.2 as follows:
"17.4.2 Where a proponent submits a proposal for the development of
land, the Municipality will require that the proponent
demonstrate how the proposed design and organization of the
site and buildings:
a) Addresses the policies of this Plan, in particular the urban
design policies of Section 13;
b) Contributes to a compact, urban, pedestrian-oriented form
and function, that enhances pedestrian accessibility,
strengthens walking as the preferred means of getting from
place to place and adds pedestrian amenities such as
textured paving, seating benches and landscaped areas;
c) Provides for access from transit stops;
d) Contributes physical links into and integrates with the
adjacent community;
e) Contributes to the continuity of building fa<;ade along the
street;
f) Orients such elements as public entrances, display
windows, canopies, and signage to the street; and
g) Locates and designs parking areas appropriately.
64. In renumbered Section 18,
a) by adding the Section number 18.1 in front of the first sentence;
b) by adding the Section number 18.2 in front ofthe last sentence that
begins "The policies of the Plan";
c) by adding the following words to the end of Section 18.2; "In the
event of a conflict between the provisions of the Official Plan and
this Plan, the Secondary Plan shall prevail."
65. By adding a new Section 18.3 as follows:
"18.3 Definitions
a) Department Store
"department store" shall mean a retail store containing a minimum
of 5,000 square metres of gross leasable floor space organized into
27
a number of individual departments and primarily engaged in the
sale of a wide variety of commodities which shall include clothing,
hardware, home furnishings and household appliances.
b) LEED Rating System
"LEED Rating System" shall mean the Leadership in Energy and
Environmental Design Green Building Rating System established
by the Canada Green Building Council as amended from time to
time."
66. By amending Map A - Land Use as shown on Exhibit "A"
67. By Adding Schedules A and B.
28
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NMI
Town Centre Scicondary Plan
id'e. We-.s4
BrookMcllroyinc
A network of sidewalks should
commercial retail areas with r
residential neighbourhoods.
The design of sidewalks shouli
the safety of people using stro
wheelchairs by providing a r
sidewalk width and strotegicallt
curb -cuts.
Commercial retail areas should be occessible to pedestrians from all adjacent neighbourhoods through a network of Sidewalks are required to support walkabllty and amens.
sidewalks.
Street and .pedestrian -scale lighting
should create a well - lighted, beautiful
and safe streetscapes.
Pedestrian priority should be defined
through the use of marked crosswalks,
changes in surface materials and texture
and signage.
Traffic calming techniques such as textured Quin crosswalks help
Pe estnon- scaled lighting should be utilized on sidewo ks and in parking oreas 10 g g aiming help to slow haffic to
promote safe pedestrian activity. create a safer pedestrian a mriisnoe.
Unique paving materials can define
pedestrian routes and contribute to the
appearance and character of a street.
Crosswalks marked with bands of unit
pavers, or surface markings create a
safe and pleasant pedestrian street.
The use of special paving treahnent Is encouraged at focal points including Pedestrian - crossings should be marked with line painting or special surface '
building ensconces, plazas, and through block connections. materials.
Pointed markings help to identify pedestrian crossings.
Bowmanville West Town Centre Secondary Plan - Illustrated Urban Design Policies
hr
Buildings should be organized to define,
frame, and enhance the urban character
of abutting streets, internal drive aisles,
sidewalks, parking and amenity spaces.
Building setbacks should be reduced
to minimize distances between building
entrances and abutting public street
sidewalks; to establish a consistent
built form edge; and to allow for the
development of a significant streetscape
contributing to the identity and amenity
of the area.
aAmttaotm
_ aR
`VI
Buildings should define and frame abutting streets.
Building setbacks should be reduced to minimize
the distance between public streets and building
entrances.
Parking areas located between the
sidewalk and the building results in an
unattractive and hostile pedestrian
environment and creates o break in the
street fabric. Deep setbacks and
prominent parking areas result in a
fragmented street edge that are
undesirable from an urban design
perspective.
Surface parking areas may be lowered from adjacent street grade to reduce
their visual prominence.
Prvmiugs snowa oe usea to screen powng loft tram adjacent stmets.
SURFACE PARKING AREAS
Internal landscaping elements should define smaller
parking courts and reduce the overall impact of surface
parking areas.
Bowmanville West Town Centre Secondary Pion • Illustrated Urban Design Policies
V
Vi
High quality landscaping treatment
should be used for visual interest and
to soften the appearance of the site,
particularly at the street edge and
principal building fogades.
Among other considerations, plant
materials should be selected for their
year -round appearance, maintenance
requirements and hardiness.
High quolity landscape should be used define site boundaries.
and vehicular environments.
Pedestrian walkways should be provided
within and through parking areas. These
walkways should enable safe and direct
pedestrian movement from parking
areas to building entrances.
Walkways should visually and functionally
define smaller parking courts and include
landscaping treatments and pedestrian -
scaled lighting.
Main entrances to buildings should be
emphasizedthroughconopies, owningsor
taller, non - habitable building structures.
The volume and height of such structures
emphasize the prominence of entrances
particularly at a corner location.
Drive aisle crosswalks should be signed and
constructed of materials that are different to the
drive aisle.
retail buildings.
Alk
Walkways should include pedestnon- scaled omenifies wherever possible,
such as benches, hash receptacles and lighting.
Bowmanyille West Town Centre Secondary Plan - Illustrated Urban Design Policies
VII
Viii
Amenity areas should be located
within landscaped, pedestrian spaces,
and provide seating and may include
terraces, parkettes or squares, water
features, public art, outdoor dining areas
and transit shelters. Pedestrian - scaled
amenity areas should be provided for
customer and visitor benefit.
Opportunities for outdoor uses, such as patios and kiosks should be
Bicycle parking facilities should be
provided to encourage alternative modes
of transport, particularly for employees
and consumers with small purchases.
should be provided at highly visible and convenient locatlons.
r--,r'
Bus stops should be located on site at
a central location to promote active use
of transit services. Bus stops should be
provided near building entrances for
convenient access to the buildings by MIN
public transit passengers.
Transit stops should be located near building
entrances to encourage use of transit
services.
Sidewalks and walkways should connect bus stops to bugding entrances
and should enable safe and efficient access to both.
Bownronville West Town Centre Secondary Pion - Illustrated Urban Design Policies
ix
10
Commercial retail development within the
Secondary Plan area should incorporate
high quality architectural treatments and
building materials.
Blank facades typical of large- format
retail should be avoided.
Corner buildings at the intersections of primary roads or at gateway locations should include
articulated building elements in the form of towers, boys or other details that emphasize the
focal nature of these buildings.
an significant Fci odes of size should be subdivided through a
S Y 9 9
combination of windows and
building wall to create a consistent and recessions m the
g nsistent rhythm across the lagade.
Landscaping treatment can be used to create visual interest and Large -format building fogodes should be broken up into smaller
screen blank fagodes. units. Fogodes of a significant length should besubt ivided through
a combination of windows and projections and recessions in the
R �ss� a e ss T E C T U R y L DESIGN building wall to identify ind vidual businesses.
Blank walls facing streets, residential and
open space areas should be avoided.
Facades should exhibit architectural
details, wall setbacks or projections, and
high qunlity materials. Colonnades,
covered walkways and porticoes are
recommended as a means of weather
protection and creating interest on the
building elevation.
The use of additional architectural details
and building materials to enhance the
existing visual appearance of blank walls
should be encouraged.
l /
F
Glazing should be utilized on the at -grade
primary building fogodes to provide storefront
windows or merchandise displays.
The scale and massing of buildings can
define areas of character. The scale
and mass of buildings should reinforce
the sense of human scale. Impacts of
large building scale and mass should
be reduced through fully developed
architectural elevations, including
horizontal and vertical articulation.
environment.
Canopies provide articulation of building
fagodes and shade sidewalk retail areas.
Bowmanville West Town Centre Secondary Plan - Illustrated Urban Design Policies
11
Attachment 10
To Report PSD-027-Da
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-_
being a By-law to amend By-law 84-63, respecting certain definitions and general
provisions with respect to commercial development
WHEREAS the Council of the Corporation of the Municipality of Clarington deems K
expedient to amend By-law 84-63, as amended, to implement certain recommendations
of the Commercial Policy Review and the West Bowmanville Main Central Area
Secondary Plan Review;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
hereby enacts as follows:
1. By-law 84-63, as amended, is further amended as follows:
a) By adding to Section 2, thereof, the following new definitions in alphabetical
order as follows:
"Bicycle Rack: shall mean a structure fixed to the ground or a building
providing a location to park and secure a bicycle to.
Bicycle Parking Facility, Indoor: shall mean a secure room or bicycle lockers
within a buiiding capable of storing a minimum of 6 independently-secured
bicycles and which is readily accessible for employees or residents of the
building.
Landscaping Strip: shall mean an area of land used for anyone or more of
the planting of shrubs, flowers, grass or other horticultural elements, such as
decorative stonework, fencing, or screening.
Parking Space, Disabled Persons: shall mean a parking space that is
designed and identified to be used by persons wKh a disabilKy.
Residential Zone: shall mean an Urban Residential Type One (R1) Zone,
Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3)
Zone, and an Urban Residential Type Four (R4) Zone and the tenm includes
Special Exception Zones to any of these zones provided in the aforesaid By-
iaw 84-63."
b) By deleting Section 3.13 a) to d) inclusive and replacing them with the
following:
"3.13 Loading Space Regulations
a. Every building or structure used for a purpose that requires the
loading or unloading of goods or materials, including animals,
shall provide and maintain loading spaces in accordance wnh the
provisions of Section 3.13 c).
b. Loading spaces shall be provided on the same lot 85 the
building, structure or use requiring the loading space and shall
be calculated in accordance with the regulations in Section 3.13
-1-
c). All loading spaces shall provide a vertical clearance of 5
metres.
c. Loading space regulation table
- - -
l.OADING SPACE REGULATION TABLE
- --- -- -- --
- -- ----- -- - - -
Legend
Loading Space Requirements
:R~sidjli\tl~~ana;HeiiltJrCiir'
A artment Buildin - 1 to 90 units
A artmen! Buildin - 91 or more unns
Has nal
Nursin Home; Retirement home
fGorlJ ~eiciaJ,aif TG,i(th~lin'jP.Ja~e
Assembly hall; Bar, Business, Professional or
Administrative Office; Convenience Store; Motor vehicle
Re air Garane; Place of Entertainment
Other permitted uses up to 300 m gross commercial floor
area
Other permitted uses with 301 m to 1,000 m gross
commercial floor area
Other permitted uses with 1,000 m to 7,000 m gross
commercial floor area
Permitted yses with greater than 7,000 m gross
commercial floor area
Ujja~:s:tillil
Permitted uses with u to 1 000 m ross floor area
Permitted uses 1 001 m to 3,000 m ross floor area
Permitted uses with 3,001 m to 7,000 m ross floor area
Permitted uses with greater than 7,000 m' gross floor area
o
o
o
o
o
o
1
o
2
o
3
o
1
2
3
3 spaces, plus
1 space for
every
addnianal
10,000 m' or
ortion thereof
o
d. Access to loading spaces shall be provided by means of an
aisle located on the same lot as the use requiring the loading
spaces. The aisle shall be a minimum of 6 metres wide and
shall lead to a driveway.
e. Loading spaces shall not be provided in tandem and must be
located abutting the building or structure for which they are
required.
f. Loading spaces shall be located in the interior side yard or rear
yard. In Industrial Zones, loading spaces are also permitted in
the front yard and exterior side yard provided the spaces are
setback from the street line a minimum distance of 2,0 metres.
g. When an addition to a building occurs, or the use of a building,
structure, or lot changes, the provisions of Section 3.13 c) of this
By-law shall apply to the addnional floor area.'
c) By deleting in Section 3.16 a) the second paragraph beginning with the words
"For the purpose of this By-law" including Subsections i) to Iv) inclusive.
d) By renumbering Section 3.16b) to g) inclusive to 3.16 f) to k) inclusive.
eJ By adding a new clause Section 3.16 b. as follows:
"b. DISABLED PARKING SPACES
-2-
(i) Each disabled persons parking space shall be a minimum 4.5
metres wide and 5.7 metres long, unless two or more disabled
persons parking spaces are located abutting each other, in which
case each space shall be a minimum 3.4 metres wide and 5.7
metres long.
(ii) Disabled Parking Space Requirement Table
1
2
3
4
5
6
7
8
9
2% of total
21 spaces plus 1 space for every
additional 100 spaces or part
thereof over 1000 arkin s ces
Nursing homes, retirement homes, hospitals, medical and dental clinics shall provide
twice the number of Disabled Persons Parking Spaces as shown in the column
above.
1 to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
?"' to 300
301 to 400
401 to 500
501 to 1000
Greater than 1000
f) By adding a new Section 3.16 c. as follows:
"c. PARKING SPACE SIZES
(i) Each parking space shall be a minimum of 5.7 m by 2.75 m;
(ii) Where the two outdoor parking spaces for single detached, semi-
detached and/or townhouse units are provided side by side the
combined minimum width of the two spaces may be reduced to 4.6
m provided that the minimum landscaped open space within the
front yard is 30 percent;
(iii) Parking space size perpendicular to a landscaping strip having a
minimum width of 3.0 metres may be reduced in size to 5.2 metres
in length by 2.75 metres in width."
g) By adding a new Section 3.16 d. as follows:
"d. PARKING AISLE REQUIREMENTS
Each aisle shall be a minimum width of 6.0 m for two-way traffic and 4.5 m for
one-way traffic.
h) By adding a new Section 3.16 e. as follows:
"e. PARKING OFF-SITE
Notwithstanding Section 3.16 a), where parking spaces are provided in a
location other than on the same lot as the use requiring such spaces, they
shall be located not more than 150 metres from the same lot, and shall be
located within the same zone as the said lot."
- 3-
i) By adding a new Section 3.16 I. as follows:
"I. BICYCLE PARKING
i) At least one bicycle rack shall be installed for each new building or
in conjunction with an addition to a building in a C1, C2, C3, C5,
C8, or C9 zone or any exception zone thereto."
ii) Any commercial establishment with a floor area greater than 5,000
square metres in a C1, C2, C3, C5, C8, or C9 zone or any
exception zone thereto shall provide an indoor bicycle parking
facility for employees. Minimum off-street parking requirements for
motor vehicles contained within the Parking Space Requirement
Table may be reduced by one space for every three bicycle spaces
provided within an indoor bicycle parking facility. The floor area of
an indoor bicycle parking facility shall not be considered for the
purpose of calculating parking requirements or total floor area of
the building."
j) By amending all cross references to Section 3.16 contained within By-law
84-63, as amended, to correspond wnh revised subsection numbering.
2. This By-Law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act, R.S.O. 1 990 cP13.
By-Law read a first time this day of
2006
By-Law read a second time this day of
2006
By-Law read a third time and finally passed this day of
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
-4-
Attachment 11
To Report PSD-027-Q6
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-_
being a By-law to amend By-law 84-63, respecting certain lands in the
Bowmanville West Town Centre
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
expedient to amend By-law 84-63. as amended, to implement certain recommendations
of the Commercial Policy Review and the West Bowmanville Main Central Area
Secondary Plan Review;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
hereby ena~'~ as follows:
By-law 84-63, as amended, is further amended as follows:
1. By repealing the text of Sections 16.5.14 and replacing it with the following new
text:
"16.5.14 GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE
Notwithstanding Sections 3.13,3.16, 16.1 and 16.3 of By-law 84-63, those
lands zoned C1-14 shall only be used and any buildings or structures thereon
shall oniy be constructed and used in accordance with this By-law and the
following definitions and zone regulations:
a) For the purpose of this Section, the term:
(i) Bank kiosk; shall mean a financial office with a floor area of 50
square metres or less.
(ii) Business establishment: shall mean a building, which contains any
one or more of the permitted uses on lands zoned (C1-14).
(iii) Business establishment street fayade: shall mean the portion of the
exterior wall located between finished grade and the level which is 3
metres above finished grade of a business establishment which wall
faces a public street or a private street shown on Schedule 3 to By-
law 84-63.
(iv) Department store: shall mean a retaiUcommercial establishment
containing a minimum of 5,000 square metres of leasable total floor
area organized into a number of individual departments and primarily
engaged in the sale to the public of a wide variety of commodities,
including clothing, hardware, home furnishings, and household
appliances.
(v) Garden Centre: shall mean a building or part of a building, a
structure or part of a structure and land for the displaying and selling
of flowers, plants, shrubs, trees, or similar vegetation and related
garden supplies for retail sale but shall not include a nursery, the
storage or sale of motorized equipment, or the bulk storage of sand,
gravel, soil, fertilizers or similar material.
(vi) Street entrance: shall mean one of the principal entrances to each
business in a business establishment which shall have a minimum
height of 2.1 metres and a minimum width of 0.9 metres and shall be
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located in the part of the business establishment street fa~ade which
is at or within 0.2 metres above or below finished grade, provided
that the street-related entrance shall be recessed from the business
establishment street facade a minimum of 1.0 metres.
b) Permitted Residential Uses:
No residential dwelling units are permitted to be constructed or used.
c) Permitted Non-Residential Uses:
A shopping centre containing a maximum of 17,000 square metres of total
floor area may be constructed or used for anyone or more of the following
purposes:
(i) assembly hall;
(ii) bakery shop;
(iii) business, professional or administrative office; provided that such
office shall be located in a second storey or greater of any building;
(iv) convenience store;
(v) day nursery;
(vi) department store;
(vii) dry cleaners distribution centre;
(viii) eating establishment with no vehicular drive-through service;
(Ix) eating establishment - take out
(x) financial office;
(xi) garden centre or seasonal garden centre accessory to a department
store or supermarket;
(xii) medical or dental clinic: provided that such clinic shall be located in
a second storey or greater of any building;
(xiii) place of entertainment;
(xiv) printing or publishing establishment;
(xv) private club;
(xvi) retaiVcommercial establishment;
(xvii) service shop, personal;
(xviii) supermarket; and,
(xix) veterinary clinic.
d) Notwithstanding Section 16.5.14 c) (x) no more than two (2) financial
offices, with the exception of bank kiosks, may be constructed and used
on lands zoned as fOIlaw<;: C1-14, C8-1, C8-2, C8-3, C8-4, C9-1, C9-2,
C9-3 and C9-4.
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e) Regulations:
(i) No building may be used on anyone or more portions of the lands
zoned (C 1-14) for the purposes of one or more of the permitted non-
residential uses listed in Section 16.5.14 of the By-law unless a
department store, which contains at least 6,500 square metres of
total floor area, is constructed and operated on the lands zoned C1-
14.
(ii) A maximum of 17,000 square metres of total floor area may be
constructed and used.
(iii) Location of building from the southerly limit of Highway No. 2 and
easterly limit of Green Road (minimum) 3 metres
(iv) Location of building from the westerly limit of Clarington Boulevard a
minimum of 0.5 metres; and a maximum of 3.0 metres
(v) Location of building from the northerly limit of Prince
William Boulevard (minimum) 5 metres
(vi) LandSCaped open space (minimum) 20 percent
(vii) Height of building (maximum) 4 storeys
(viii) Loading spaces (minimum)
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(ix) Notwithstanding clause (iv) above 90 metres of the southeriy
business establishment street fa~de may be constructed up to 1
metre from the northerly IimK of Prince William Boulevard.
(x) All entrances used or intended to be used by the public to access
each business in a business establishment shall be located in an
exterior wall of the business establishment, and for greater clartty
such access shall not be achieved through an enclosed pedestrian
mall.
(xi) Parking space dimensions (minimum)
2.6 m width
5.5 m length
(xii) Notwithstanding Section 16.5.14(c), a portion of the parking area
located on the lot which contains not more than 500 square
metres and is enclosed by a temporary fence and one or more
gates may be used for the purposes of seasonal garden centre for
not more than a total of 90 days each calendar year; and
(xiii) The seasonal garden centre permitted by 16.5.14(e(xii) shall not
include the storage or saie of motorized equipment, and is not
required to provide parking spaces in accordance with Section
3.16 a) of this By-law.'
2. By repealing the tKle and text of Section 22A and by replacing it with a new tKle
and text of Section 22A as follows:
"22A. LARGE FORMAT COMMERCIAL (C8) ZONE
22A.1 Section 22A applies to lands zoned (C8) or any C8 exception zone, unless
otherwise specified.
a) For the purpose of Section 22A, the term:
(i) Bank kiosk: shall mean a financial office with a floor area of 50
square metres or less;
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(ii) Business establishment: shall mean a building, which contains any
one or more of the permitted non-residential uses within the (C8)
zone;
(iii) Street entrance:
a. For stores with a total floor area of 2,500 square metres or
more shall mean one of the principal entrances to a business,
which shall have a minimum height of 2.1 metres and a
minimum width of 3.0 metres and shall be located in the part of
the business establishment street fa~ade, which is at or wilhin
0.2 metres above or below finished grade.
b. For stores with a total floor area less than 2,500 square metres
shall mean one of the principal entrances to a business, which
shall have a minimum height of 2.1 metres and a minimum
width of 0.9 metres, shall be located in the part of the business
establishment street fa~de, which is at or within 0.2 metres
a~ove or below finished grade, and shall be recessed from the
exterior surface of the business estabiishment street fa~de a
minimum of 1.0 metre and a maximum of 3.0 metres.
(iv) Business establishment street fa~de: shall mean the portion of the
exterior wall of a building which wall faces a street shown on
Scheduie 3 to By-law 84-63.
(v) Drive-through facilily: shall mean the use of land, buildings or
structures, or part thereof, to provide or dispense products or
services, either wholly or in part, through a window or an automated
machine, to customers remaining in motor vehicles which are
located in a stacking lane. A drive-through facilily may be
established in combination with other permitted non-residential
uses.
(vi) Garden Centre: shall mean a building or part of a building, a
structure or part of a structure and land for the displaying and
selling of flowers, plants, shrubs, trees, or similar vegetation and
related garden supplies and equipment for retail sale but shall not
include a nursery, or the bulk storage of unpackaged sand, gravel,
soil, fertilizers or similar material.
(vii) Large format retail store: shall mean a building or part of a building
having a minimum total floor area of 2,500 square metres and
containing non-residential uses permitted by Section 22A.2
operated individually or in combination.
(viii) Primary business establishment street fa~de: shall mean a
business establishment street fa~ade containing the principal
entrance to a business establishment.
(ix) Retail/Commercial establishment; shall mean a building, or part of
a building, in which goods, wares, merchandise, substances,
articles or services are offered or kept for sale at retail or on a rental
basis but shall not include any class of commercial establishment
otherwise defined in Section 2;.
(x) Medium format retail store: shall mean a building or part of a
building operated or intended to be operated as a single retail or
service business having a minimum of 1,000 square metres and a
maximum of 2,500 square metres of total floor area and containing
non-residential uses permitted by Section 22A.2.
(xi) Stacking lane: shall mean a queuing lane for motor vehicles which
is located on the same lot as the drive-through facility and which is
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separated from other motor vehicle traffic on the same lot by
barriers or curbs.
(xii) Street: shall mean any public street, future public street or future
private street shown on Schedule 3to By-law 84-63.
(xiii) Street line: shall mean the limit of a public street or future public
street shown on Schedule 3 to By-law 84-63 that is the dividing line
or the future dividing line between a lot or block and a public street
or future public street.
22A.2 Permitted Uses
No person within the Large Format Commercial (Ca) Zone shall use any land
or erect, alter or use any building or structure except as specified in this
Section, Section 22A.3, and the applicable provisions of Section 22A.4:
a) Residential Uses:
Not Permitted
b) Non-Residential Uses:
(i)
(ii)
(iii)
(iv)
(v)
(vi) .
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
A large format retail store or a medium format retail store containing
one or more of the following non-residential uses:
assembly hall;
a bank kiosk;
beer, liquor, or wine retail outlet;
business, professional, or administrative office on the second floor
or higher of abuilding:
day nursery on the second floor or higher of a building;
dry cleaners distribution centre
eating establishment;
fitness centre which may include an ancillary child care centre on
the second floor or higher of a building;
garden centre;
medicai or dental clinic on the second floor or higher of a building;
optometrist clinic ancillary to an optical sales establishment;
place of entertainment;
private club;
retaiVcommercial establishment
school, commercial;
service shop, light;
service shop, personal;
supermarket;
tavem; and,
theatre,
c) Notwithstanding the prOVISions of Section 22A.2 b) prohibiting the
construction and use of any building or structure for any purpose other
than a large format retail store or a medium format retail store,
buildings containing a minimum of 250 square metres may be
constructed and used on lands zoned (Ca) for any of the following
non-residential purposes:
(i) eating establishment; and
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(ii) eating establishment with a drive-through facility.
d) For the purpose of clarity, no portion of the lot on which a large format
retail store or medium format retail store is located, shall be used for
the following purposes:
(i) outside display area; or
(ii) outside storage area with the exception of temporary storage of
shopping carts in the parking 101.
22A.3 Regulations for Non-Residential Uses
a) Yard Requirements:
(i) A large format retail store on a lot which abuts a public street or a
future public street shown on Schedule 3 to By-law 84-63 shall
have a yard between the facing wall of the building and the limit of
the public street or future public street which has a yard width of a
minimum of 3 metres and a maximum of 6 metres;
(ii) A medium format retail store, or a building containing a use
permitted by Section 22A.2 c) which is located on a lot which
abuts a public street or a future public street shown on Schedule
3 to By-law 84-63 shall have a yard between the facing wall of the
building and the limit of the public street or future public street
which has a yard width of a minimum of 3 metres and a maximum
of 5 metres;
(iii) A building located on a lot which abuts a future private street
shown on Sched ule 3 to By-law 84-63 shall have a yard which
abuts the limit of the future private street with a yard width of a
minimum of 2 metres and a maximum of 5 metres;
(iv) A building located on a lot with a lot line, which abuts a residential
zone boundary shall have a yard abutting the lot line with a
minimum yard width of 10 metres; and
(v) A building located on a lot with one or more lot lines which are not
described in 22A.3 a) (i) to (iv), inclusive, shall have a yard
abutting each lot line with a minimum yard width of 5 metres.
b) Building Fayade Materials:
i) A minimum area of business establishment street fayade between
finished grade and the elevation which is 3 metres above finished
grade shall be required to be constructed of transparent glass in
accordance with the following table:
Type of Use
Primary Business
Establishment Street
Fa~ade
20%
40%
40%
Any Other Business
Establishment Street
Facade
10%
10%
10%
Larlle Format Retail Store
Medium Format Retail Store
Eatino Establishment
ii) Notwithstanding Section 23A.3 b)(i), transparent or opaque glass
may be used on any building fayade which is not a primary
business establishment street fayade.
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c) Articulation of Building Facades:
(i) Business establishment street facades greater than 30 metres in
length, measured horizontally, shall incorporate, a combination of
wall plane projections and recesses which shall have a minimum
depth or projection of not less than 1.0 metre, for the full height of
the business establishment street fa~de and shall extend a
minimum of 20% of the length of the business establishment
street fa~de, measured horizontally. No uninterrupted length of
a wall plane of any business establishment street fa~de shall
exceed 30 metres in length, measured horizontally; and
ii) Where a business establishment street fa~de is greater than 30
metres in length (measured horizontally), the roofline of the
fa~ade (being the top edge of the facade, or where there is a
parapet wall the top edge of the parapet wall) shall incorporate at
least one variation in height for each 30 metres in length or part
thereof of the building establishment street facade such that two
adjacent sections of the roofline shall have a difference in height
meii_~(ed relative to each other of at least 1.2 metres. The
combined length of the sections of the roofline that provide for the
aforesaid variation in height shall comprise a minimum of 20% of
total length of the roofline.
d) Street Entrances:
At least one street entrance for each business shall be located in a
business establishment street fa~de of a business establishment,
provided that if the business establishment has more than one
business establishment street fa~de, no more than one business
establishment street entrance is required.
e) Screening of Rooftop Mechanicals:
Notwithstanding Section 3.10, where a building has a flat finished roof
containing rooftop mechanical heating, ventilation or air-conditioning
stacks or vents to serve the building, the building must have either:
(i) A solid parapet wall with a minimum height of 1.5 metres above
the finished elevation of the roof which extends around the entire
perimeter of the roof; or
(ii) A solid parapet wall or an architectural element or feature
integrated with the building extending above its roofline which will
prevent rooftop mechanical heating, ventilation and air-
conditioning stacks or vents from being viewed from a height of
1.8 m above the average height of that section of the curb on
Highway No. 2 located on the same side of the street as the
building between the intersection of the projections of the east
and west walls of the building and Highway NO.2. The height of
the solid parapet wall or integrated architectural element or
feature shall be extended consistently around the entire building
to provide the same level of screening on all sides.
f) Screening of Loading Spaces:
A required loading space shall be screened from adjacent street
shown on Schedule 3 to By-law 84-63, by a wall constructed of the
same materials as the business establishment street fa~ade and
having a minimum height of 5 metres measured from finished grade
and a minimum length of 11.0 metres.
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g) Landscaping:
(i) Landscaped Open Space (minimum)
10 percent
(ii) A minimum 3.0 metre wide sidewalk located in whole or in part
within a street allowance or privately owned lands or a
combination thereof shall abut the primary business
establishment street fayade of all buildings containing one or
more business establishments;
(iii) Where the boundary of a C8, zone or any C-8 exception zone
coincides with or abuts a residential zone boundary, a
landscaping strip with a minimum width of 3.0 metres shall be
provided on the lot within the C8 zone or within any C8 exception
zone thereto;
(iv) All parking areas, drive aisles in or to parking areas and stacking
lanes shall be separated from abutting streets shown on
Schedule 3 to By-law 84-63 by a landscaping strip having a
minimum width of 3.0 metres which shall be continuous except
for breaks to accommodate vehicular access to drive aisles;
(v) Within a parking area, every row of parking spaces shall abut at
each of its ends a landscaping strip 4.5 metres in length and 2.5
metres in width; and
(vi) Within each row containing 25 or more parking spaces, an
intermediate landscaping strip 4.5 metres in length and 2.5
metres in width shall be provided.
h) Parking:
(i) Notwijhstanding Section 3.16 c) parallel parking is permitted on a
future private street shown on Schedule 3 to By-law 84-63
provided that each parallel parking space shall have a minimum
width of 2.75 metres and a minimum length of 7.0 metres;
(ii) No motor vehicle parking space or drive-aisle to a parking
space shall be located between a building and a street line;
and
(Iii) Notwithstanding the provisions of Section 3.16 a) of this By-law,
the number of parking spaces that shall be provided on a lot shall
be as follows:
Use
Number of Parking Spaces
Required .
A minimum 1 space per 30 square
metres and a maximum of 1
space per 20 square metres of
total floor area or any portion
thereof
1 parking space for each 20
square metres or any portion
thereof of total floor area
12 parking spaces for each 100
square metres or any portion
thereof of total floor area
1 parking space for each 30
square metres or any portion
thereof of total floor area
large format retail store; and
medium format retail store
eating establishment
eating establishment
restaurant with a drive-
throuoh facilijv
other drive-through facility
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i) Drive- Throughs:
Where a drive-through facility is permitted, the following requirements
shall apply:
(i) A stacking lane shall be provided and maintained on the lot on
which the drive-through facility is located which shall have a
minimum length of 72 metres, a minimum width of 3 metres and
any entrance to n shall be located a minimum of 18 metres from
the limit of a street or shown on Schedule 3 to By-law 84-63;
(ii) No part of a stacking lane shall be so located that at any time any
motor vehicle which uses it may block, impede or interfere with
the use of any parking space required to be provided on the lot on
which the drive-through facility Is located;
(iii) No portion of the stacking lane shall be located between a
buil6".g and a street line; and
(iv) Notwithstanding Section 22A.3 i) (i), a drive-through facility which
is not an eating establishment with a drive-through facilijy; is
permitted to be constructed and used on a lot if n satisfies the
other provisions of this By-law and a stacking lane is provided and
maintained on the lot, which has a minimum length of 24 metres,
a minimum width of 3 metres, and any entrance to it is located a
minimum of 18 metres from the limit of a public street or future
public street shown on Schedule 3 to By-law 84-63.
j) Garden Centre:
(i) Notwithstanding 22A.2 (d) a garden centre facility having a
maximum area of 600 square metres that is roofed and enclosed
on all sides (but which has a portion of its enclosure exposed to
the elements) and which abuts a large format retail store may be
constructed and used provided that n is not used for the purpose
of storage of empty pallets, containers, storage unns, refuse
and/or any thing that is not integral to a garden centre; and
(ii) The area of the garden centre permitted by clause j)(i) of this
Section, shall be excluded from the calculation of the maximum
total floor area, provided that parking for the area of the garden
centre is provided in accordance with the provisions of the by-law.
k) Seasonal Garden Centre:
(i) Notwithstanding Sections 22A.2 (d) and 22A.3 j)(i), a portion of
the parking area located on the lot which contains not more than
500 square metres and is enclosed by a temporary fence and one
or more gates may be used for the purposes of seasonal garden
centre as accessory to a permitted use for not more than a total of
90 days each calendar year; and
(ii) The seasonal garden centre permitted by 22.A.3 k)(i) shall not
include the storage or sale of motorized equipment, and is not
required to provide parking spaces in accordance with Section
3.16 a) of this By-law.
I) Other:
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(i) Any building located in a C8 zone or a C8 exception zone shall be
deemed not to be a shopping centre for the purposes of this by-
law.
22A.4 SPECIAL EXCEPTIONS LARGE FORMAT COMMERCIAL IC81 ZONE
22A.4.1 LARGE FORMAT COMMERCIAL EXCEPTION IC8-11 ZONE
a) Notwithstanding Section 22A.2, in addition to the uses permitted in a C8
zone, one motor vehicle service station may be constructed and used
within a large format retail store.
b) In addition to the regulations contained in Section 22A.3, the following
additional regulations shall apply to the lands zoned C8-1:
(i) The maximum total floor area that may be constructed and used
within the C8-1 zone is 14,030 square metres;
(ii) A minimum of 80% of the total floor area constructed or used on
the lands zoned C8-1 must be located within large format retail
store; and
(iii) No occupancy of a building for the purposes of a large-format
store may occur prior to February 1, 2007.
c) None of the provisions of Sections 3.16 e), 22A.3(a)(i) and (Iii), (b), and
(c)(i), (h)(ii) and (iii), O)(i) and (ii) and (k)(i), shall apply to prohibit the
construction or use of a building or structure in a C8-1 zone for a purpose
permitted in a C8 zone, provided that following regulations are complied
w~h.
(i) The minimum yard requirement for a building from Boswell
Drive, shown on Schedule 3 to By-law 84-63 shall be 5 metres
and the portion of the yard outside of the required 1.5 metre
landscaping strip may be used for parking spaces and drive
aisles;
(ii) The minimum yard requirement for a large format retail store
from a future private street.shown on Schedule A-1 shall be 3
metres;
(iii) A minimum of 10% of the primary business establishment street
facade shall be constructed of transparent glass and no portion
of any other business establishment street fa9ade is required to
be constructed of glass;
(iv) The primary business establishment street facade, shall
incorporate, a combination of at least two (2) wall plane
projections and recesses extending the full height of the building
having a minimum depth or projection of 2.0 metres and
extending a minimum of 20% of the length of the primary
business establishment street fa9ade measured horizontally;
(v) The garden centre shall not exceed 900 square metres;
(vi) The seasonal garden centre shall not exceed 875 square
metres;
(vii) An outdoor display area accessory to a perm~ use is
permitted in an 80 square metre area in the vicin~ of the main
entrance to the building, provided there is no display of building
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materials, empty pallets, containers, storage units, refuse
containers or large equipment;
(viii) Par1<ing shall be provided in accordance with the provisions of
Section 22A.3 h) (iii) except that the maximum number of
par1<ing spaces for a large format retail store or medium format
retail store shall be calculated at a rate of 1 space per 19
square metres;
(ix) An indoor bicycle par1<ing facility for employees shall not be
required;
ix) Par1<ing shall be permitted to be located between Boswell Drive
and a large format retail store; and
(xi) Lands zoned C8-1 may be used to accommodate a portion of
the required par1<ing spaces for a legally permitted use in an
abutting C9-2 zone.
22A.4.2LARGE FORMAT COMMERCIAL EXCEPTION tC8-21 ZONE
a. Notwithstanding Section 22A.2 (b) in addition to the uses permitted in a
C8 zone, a building or structure may be constructed and used for the
purpose of one motor vehicle fuel bar and one motor vehicle wash on
lands zoned C8-2.
b. Notwithstanding Section 22A.2(b), the only garden centre permitted is a
seasonal garden centre.
c. In addition to the regulations contained in Section 22A.3, the following
additional regulations shall apply to the lands zoned C8-2:
(i) The maximum total floor area within the C8-2 zone is 16,525
square metres'
(ii) The seasonal garden centre shall not exceed 1,400 square
metres;
(iii) A motor vehicle fuel bar, and motor vehicle wash shall have a
yard with a yard width of a minimum of 5 metres from a street
shown on Schedule 3 to By-law 84-63;
(iv) The stacking lane required for the motor vehicle wash shall have
a minimum length of 72 metres, a minimum width of 3 metres,
and an entrance to ~ that is located more than 18 metres from any
portion of the limit of a street shown on Schedule 3 to By-law 84-
63; and
(v) No occupancy of a building for the purposes of a large-format
store may occur prior to February 1,2007.
d. None of the provisions of Sections 3.16 e), 22A.3(a)(i) and (iii), (b), (c),
d(i), (h), shall apply to prohibit the construction or use of a building or
structure for a purpose permitted in a C8 zone provided that following
regulations are complied w~h:
(I) The minimum yard requirement for a building from a public
street shall be 5 metres;
(ii) There shall be no minimum yard requirement for a large format
retail store business establishment street fa9llde from a future
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private street shown on Schedule 3 to By-law 84-63 provided
that:
a) The portion of the business establishment street fayade
located between grade and an elevation of 3.5 metres above
grade shall be located no closer than 3 metres from the
north limit from the adjacent future private street; and
b) The portion of the business establishment street fayade
located between an elevation of 3.5 metres above grade
and an elevation of 8.5 metres above grade shall be located
outside the limit of the adjacent future private street.
(ii) A minimum of 20% of the primary business establishment street
fayade and 10% of any other business establishment street
fayade shall be constructed of transparent glass;
(iv) A primary business establishment street facade shall
incorporate a combination of two (2) wall plane projections or
recesses having, in combination, a minimum projection or depth
of 5.0 metres and extending a minimum of 16% of the length of
the primary business establishment street fayade measured
horizontally;
(v) A business establishment street facade facing Green Road
shall incorporate at least one (1) wall plane projection or recess
extending the full height of the building above finished grade
which shall have a minimum projection or depth of 1.0 metres
and shall extend a minimum of 30% of the length of the
business establishment street fayade measured horizontally;
(vi) The rooffine of a primary business establishment street facade
(being the top edge of the facade, or where there is a parapet
wall the top edge of the parapet wall) shall incorporate at least
two (2) variations in height such that for each such variation in
height two adjacent sections of the roofline shall have a
difference in height (measured relative to each other) of at least
3.0 metres, The combined length of the sections of the roofline
that provide for the aforesaid variation in height shall comprise
a minimum of 20% of total length of the roofline;
(vii) The outdoor display and sale at retail of goods permitted to be
sold in a large format retail store shall be permitted under a
roofed area (created by a canopy or other building projection)
located between two (2) street entrances of the business
establishment street fayade of a large format retail store
provided that the storage or sale of motorized equipment, the
storage and display of merchandise on pallets, the storage of
empty pallets, containers, storage units, refuse and any thing
not required for the display and sale of merchandise shall not
be permitted;
(viii) An indoor bicycle parking facility for employees shall not be
required;
(ix) Parking shall be provided in accordance with the provisions of
Section 22A.3 h) (iii) except that the maximum number of
parking spaces for a large format retail store or medium format
retail store shall be calculated at a rate of 1 space per 19
square metres; and
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(x) Lands zoned C8-2 may be used to accommodate a portion of
the required parking for a legally permitted use in an abutting
C9-2 zone.
22A.4.3 LARGE FORMAT COMMERCIAL EXCEPTION ICB-3) ZONE
a. In addition to the regulations contained in Section 22A.3, the following
additional regulations shall apply to the lands zoned C8-3:
(i) The maximum total floor area that may be constructed and used
wijhin the C8-3 zone is 5050 square metres; and
(ii) A minimum of 80% of the total floor area constructed or used on the
lands zoned C8-3 must be located within large format or medium
format retail store.
b. None of the provisions of Sections 3.16 e), 22A.3 alIi) and (ii), shall apply
to prohibit the construction or use of a Large Format Retail Store or
Medium Format Retail Store for a purpose permitted in a C8 zone
provided that following regulations are complied wijh:
(i) A Large or Medium Format Retail Store shall have a yard with a
yard width of a minimum 10 metres from a future public shown on
Schedule to this By-law;
(ii) A Large or Medium Format Retail Store shall have a yard with a
yard width of a minimum 10 metres from a public street;
(iii) A Large or Medium Format Retail Store shall have a yard with a
yard width of a minimum 2 metres from a future Private Street
shown on Schedule to this By-law;
iv) A drive-through facilijy shall have a yard between the facing wall of
the building and the limit of the public street or future public street
which has a yard width of a minimum of 3 metres and a maximum
of 6 metres; and
v) Notwijhstanding Section 3.16 e), lands zoned C8-3 may be used to
accommodate a portion of the required parking for a legally
permitted use in an abutting C8-4 zone and/or C9-4 zone.
22A.4.4 LARGE FORMAT COMMERCIAL EXCEPTION ICB...) ZONE
a) Notwithstanding Section 22A.2 (b), only a Large Format Home
Improvement Store and a Garden Centre and Seasonal Garden Centre
accessory to a. permitted use are permitted in a C8-4 zone.
b) For the purposes of this zone the following definitions shall apply:
i) a Home Improvement Store is a facility specializing in the sale of
home building/design and garden products. Goods offered for sale
may include, lumber, lighting, electrical and plumbing supplies.
hardware, flooring, window coverings, roofing materials,
painl/wallpaper, furniture and appliances, seasonal items, lawn and
garden supplies and indoor plants. A tool rental centre, fast food
kiosk, which is not a drive-through facilijy, and do-it-yourself training
facilities are permitted as accessory uses in a home improvement
store; and
-13-
ii) a Primary Business Establishment Street Fa~de shall be defined
as the building fa~de of the large format building containing the
principal entrance to a business establishment but not necessarily
facing a street shown on Schedule 3 to By-law 84-63.
c) In addition to the regulations contained in Section 22A.3, the following
additional regulations shall apply to the lands zoned C8-4:
(i) The maximum total floor area of the building that may be
constructed and used within the C8-4 zone is 9,170 square
metres.
d) None of the provisions of Sections 3.16 e), 22A.2(d)(i), 22A.3(a)(i) and
(iii), (b), and (c) (i) and (ii), Gl(i), and (k)(i) shall apply to prohibit the
construction or use of a building or structure permitted in a C8-4 zone,
provided that following regulations are complied with.
(i) A Large Format Retail Store or enclosure shall have a yard with
a yard width of a minimum 3 metres from a public street
(Clarington Blvd.) shown on a Schedule to this By-law;
(ii) A Large Format Retail Store shall have a yard with a yard width
of a minimum 3 metres and a maximum 6.0 metres from a future
public street (Stevens Road) shown on a Schedule to this By-
law;
(iii) A Large Format Retail Store shall have a yard with a yard width
of a minimum 0 metres from a future private street shown on a
Schedule to this By-law;
Iv) A minimum of 20% of the primary business establishment street
facade shall be constructed of transparent glass;
(v) A minimum of 10% of the business establishment street facade
shall be constructed of glass and no portion of any other
business establishment street fa~de is required to be
constructed of glass;
(vi) The primary business establishment street facade, shall
incorporate, a combination of at least two (2) wall plane
projections and recesses one of which shall extend the full
height of the building, the other shall be at least 80% of the
height of the building having a minimum depth or projection of
4.0 metres and extending a minimum of 15% of the length of the
primary business establishment street fa~de measured
horizontally;
(vii) Where a business establishment street fa~de is greater than
30 metres in length (measured horizontally), the roofline of the
fa~de (being the top edge of the roof, or where there is a
parapet wall the top edge of the parapet wall) shall incorporate a
variation in height such that two adjacent sections of the roofline
shall have a difference in height (measured relative to each
other) of at least 0.8 metres and there shall be at least one such
variation in height for each 42 metres of the length of the
business establishment street fa~de (measured horizontally);
(viii) A storage area wilh a maximum area of 850 square metres,
which is not roofed, may be constructed and used on the lot on
which a large format retail store is located provided that the
storage area is enclosed with a business establishment fayade
-14-
facing a public street or a future public street that has the same
architectural detail and material as the large format retail store;
ix) A second storage area may be constructed and used for tool
rentals, provided the area does not exceed 40 square metres,;
x) A garden centre facility having a maximum area of 1630 square
metres that is partially roofed and enclosed on all sides (but
which has a portion of ns enclosure exposed to the elements)
and which abuts a large format retail store may be constructed
and used provided that n is not used for the purpose of storage
of empty pallets, containers, storage units, refuse and/or any
thing that is not integral to a garden centre;
(xi) An outdoor display area accessory to a permitted use is
permitted in an BO square metre area in the vicinity of the main
entrance to the building, provided there is no display of building
materials, empty pallets, containers, storage units, refuse
containers or large equipment;
(Xii) The seasonal garden centre referred to in Section 22A.3 k) (i)
shall have a maximum area of 930 square metres; and
(ivx) Notwithstanding Section 3.16 e), lands zoned CB-4 may be
used to accommodate a portion of the required par1<ing spaces
for a legally permitted use in an abutting CB-3 zone and/or C9-4
zone.
3. By adding a new Section 22B with the tnle and text as follows:
"228. STREET-RELATED COMMERCIAL (C9) ZONE
22B.1 Section 22B applies to lands zoned (C9) by this By-law or any C9
exception zone, unless otherwise specified.
a) For the purpose of Section 22B, the term:
(i) Bank kiosk: shall mean a financial office with a floor area of 35
square metres or less.
(ii) Business establishment: shall mean a building, which contains
anyone or more ofthe permitted uses wnhin a (C9) zone.
(iii) Street entrance: shall mean one of the principal entrances to a
business establishment, which shall have a minimum height of
2.1 metres and a minimum width of 0.9 metres and shall be
located in the part of the business establishment street fat;:ade,
which is at or within 0.2 metres above or below finished grade
and shall be recessed from the business establishment street
fat;:ade a minimum of 1.0 metres and a maximum of 3.0 metres.
(iv) Business establishment street fat;:ade: shall mean the portion of
the exterior wall of a building which wall faces a street and in no
case shall be angled at more than 45 degrees from a street
shown on Schedule 3 to By-law 84-63.
(v) Drive-through facility: shall mean the use of land, buildings or
structures, or part thereof, to provide or dispense products or
services, either wholly or in part, through a window or an
automated machine, to customers remaining in motor vehicles
which are located in a stacking lane. A drive-through faciltty may
-15-
be established in combination with other permitted non-
residential uses.
(vi) Permitted corner fa9llde: shall mean a portion of the business
establishment street fa9llde which exceeds an angle of 1350
measured at the intersection of the wall plane of the cover
fa9llde and the principal portion of the business establishment
street fa~ade.
(vii) Primary business establishment street fa9llde: shall mean a
business establishment street fa9llde containing the principal
entrance to a business establishment.
(viii) Stacking lane: shall mean a queuing lane for motor vehicles
which is located on the same lot as the drive-through facility and
which is separated from other motor vehicie traffic on the same
lot by barriers or curbs.
(ix) Street: shall mean any public street, future public street or
future private street shown on Schedule 3 to By-law 84-63
(x) Street line: shall mean the IimR of a public street or future public
street shown on Schedule 3 to By-law 84-63 that is the dividing
line or the future dividing line between a lot or block and a public
street or future public street.
22B.2 Permitted Uses
No person within a Street-Reiated Commercial (C9) Zone shall use any land
or construct or use any building or structure except as specified in this
Section, Section 22.B.3 and the applicable provisions of Section 22.B.4:
a) Permitted Residential Uses:
Residential dwelling units are permitted to be constructed or used on the
second floor or higher of a building containing permitted non-residential
uses.
b) Permitted Non-Residential Uses:
(i) assembly hall;
(ii) bakery shop;
(iii) beer, liquor or wine retail outlet
(Iv) business, professional, or administrative office on the second floor
or higher of a building containing permitted non-residential uses;
(v) convenience store;
(vi) day nursery
(vii) dry cleaning distribution centre;
(viii) eating establishment;
(ix) financial office
(x) laundry-coin-operated
(xi) medical or dental clinic on the second floor or higher on the second
floor or higher of a building containing permitted non-residential
uses;
(xii) place of entertainment;
(xiii) printing or publishing establishment;
(xiv) private club;
(xv) retail/commercial establishment;
-16 -
(xvi) school, commercial
(xvii) service shop, personal;
(xviii) service shop, light;
(xix) tavern; and
(xx) theatre.
c) For the purposes of clarity, no portion of a building shall be used for any
of the following piJrposes:
(i) A drive-through facility; and
(ii) An eating establishment with a drive-through facility.
d) Notwithstanding the provision of Section 22.B.2 b)(ix), no more than two
financial offices, with the exception of bank kiosks, shall be constructed
and used on lands zoned C1-14, C8 or any C8 exception zone, and C9 or
any C9 exception zone.
228.3 Regulations
a) Store Size Restriction:
Total floor Area of an individual business establishment shall be a
minimum of 300 square metres and a maximum of 1000 square metres.
b) Yard Requirements:
(i) A building on a lot which abuts a public street or a future public street
shown on Schedule 3 to By-law 84-63 shall have a yard between the
facing wall of the buildings and the limit of the street or streets in
question which has a yard width of a minimum of 0.5 metres and a
maximum of 3.5 metres;
(ii) A building on a lot which abuts a future private street shown on
Schedule 3 to By-law 84-63, shall have a yard which abuts the limit of
the future private street with a yard width of a minimum of 0.5 metres
and a maximum of 3.0 metres;
(iii) Notwithstanding Section 22B.3 b) (i) and (ii) where a lot abuts more
than one of a public street, future public street or future private street
shown on Schedule 3 to By-law 84-63, a building or structure
constructed or used on that lot is required to comply with the yard
requirements applicable to only one of the aforesaid public street or
future public street;
(iv) A building on a lot with a lot line which abuts a residential zone
boundary shall have a yard abutting the lot line with a minimum yard
width of 15 metres;
(v) A building on a lot with one or more lot lines which is not described in
Sections 22B.3 a) (i) to (iv), inclusive, shall have a yard abutting each
lot line with a minimum yard width of 5 metres; and
(vi) Sections 22B.3 b) (i) and (Ii) do not apply to the corner fa~ade
provided that the corner fa~ade does not exceed 20% of the business
establishment street fa~de.
c) Building Heights:
(i) Height of building containing non-residential uses (maximum) 3 storeys
-17-
(ii) Height of building containing a combination of residential and non-
residential uses (maximum) 6 storeys
d) Building Fayade Materials:
(i) A minimum of 40% of the primary business establishment street
facade located between finished grade and an elevation which is 3
metres above finished grade which shall be constructed of transparent
glass; and
(i1) A minimum of 10% of any other business establishment street fayade
located between finished grade and an elevation which is 3 metres
shall be constructed of transparent or opaque glass.
e) Street Entrances:
(i) Buildings located on a lot abutting the street lines at the intersection of
any of the following intersections, shall have a primary street entrance
located in the business establishment street fayade which faces the
boundary of the sight triangle which is neither a street line or a
projection of a street line used in forming the sight triangle:
. Highway No.2 and Green Road;
. Highway No.2 and Clarington Boulevard; and/or
. Clarington Boulevard and Uptown Avenue.
(ii) At least one street entrance for each business shall be located in a
business establishment street fa~ade of a business establishment,
provided that if the business establishment has more than one
business establishment street fayade. no more than one business
establishment street entrance is required;
(iii) Notwithstanding Section 22B.3 e) (ii), where a building contains three
or more individual business establishments, only the building
establishments located at each end of the building are required to
provide a street entrance; and
iv) Notwithstanding Sections 22B.3 e) (i) and (ii), where an individual
business is located in a portion of a building in a manner where no
portion of the individual business is located within 20 metres to a
street line, no street entrance shall be required.
f) Canopies:
50% of all the buildings within the zone and property limits shall
incorporate as an architectural element of the building a canopy over the
principal entrance to each business with a minimum depth of 1.5 metres
measured perpendicular to the face of the business establishment street
fa~ade and a minimum height of 2.5 metres above finished grade.
g) Building Articulation:
A building having a business establishment street fayade greater than 20
metres in length, measured horizontally, shall incorporate for at least 20%
of its length a combination of wall plane projections and recesses having
a minimum depth or projection of 0.60 metres for the full height of the
building above finished grade.
h) Screening of Rooftop Mechanicals:
-18 -
Notwithstanding Section 3.10, where a building has a flat finished roof
containing rooftop mechanical heating, ventilation or air-conditioning
stacks or vents to serve the building, the building must have either:
(i) A solid parapet wall w~h a minimum height of 1.5 metres above the
finished elevation of the roof which extends around the entire
perimeter of the roof; or
(Ii) A solid parapet wall or an arch~ectural element or feature integrated
with the building extending above ~s roofline which will prevent
rooftop mechanical heating, ventilation and air-conditioning stacks or
vents from being viewed from a height of 1.8 m above the height of
the curb on Highway No.2 located on the same side of the street as
the building a distance of a 150 metres both to the east and west of
the easterly and westerly walls of the building in question. The
height of the solid parapet wall or integrated arch~ectural element or
feature shall be extended consistently around the entire building to
provide the same level of screening on all sides.
i) Screening if. :"oading Spaces:
A loading space shall be screened from a street, shown on Schedule 3 to
By-iaw 84-63 by a wall constructed of the same materials as the business
establishment street facade and having a minimum height of 5 metres
above finished grade and a minimum length of 11.0 metres, measured
horizontally.
j) Landscaping:
(i) Landscaped Open Space (minimum)
10 percent
(Ii) All parking areas shall be separated from abutting streets shown on
Schedule 3 to By-law 84-63 by a landscaping strip having a minimum
width of 3.0 metres;
(iii) A minimum 3.0 metre wide sidewalk located in whole or in part within a
street allowance or privately owned lands or a combination thereof
shall abut the primary business establishment street fayade of all
buildings containing one or more business establishments;
(iv) Wrthin a parking area, every row of parking spaces shall abut at each
of ~s ends a landscaping strip 4.5 metres in length and 2.5 metres in
width; and
v) Within each row containing 25 or more parking spaces an
intermediate landscaping strip of 4.5 metres in length and 2.5 metres
in width shall be provided.
k) Parking:
(i) No motor vehicle parking space or drive aisle to a parking space
shall be located between a building and a street line.
228.4 SPECIAL EXCEPTIONS STREET-RELATED COMMERCIAL ICg) ZONE
228.4.1 STREET-RELATED COMMERCIAL EXCEPTION IC9-1) ZONE
a) Notwithstanding Section 22B.2 b) in addition to the uses permitted in the
C9 zone, one building may be constructed and used on the lands zoned
(C9-1) for the purposes of an eating establishment w~h drive-through
facility.
-19 -
b) In addition to the other regulations contained in Section 22B.3 the
following additional zone regulations apply to the lands zoned C9-1:
(i) Total Floor Area (maximum)
1580 square metres
c) None of the provisions of Sections 3.16 e) and 22B.3 b){i) shall apply to
prohibit the construction or use of a building or structure for the purpose
permitted in a C9 zone, provided that the following regulations are
complied with:
(i) A building on a lot which abuts Clarington Boulevard shall have a
yard which abuts it with a yard width of a minimum of 0.5 metres and
a maximum of 3.0 metres. Buildings which abut Highway No.2,
other than those legally existing on December 12, 2005 shall comply
with the yard requirements specified in Section 22B.3 b) (i);
(ii) Lands zoned C9-1 may be used to accommodate a portion of the
required parking for a legally permitted use in an abutting C1-14
zone; and
(Iii) Notwithstanding Section 22B.3 b) (i), a building on a lot which abuts
a public street or a future public street shown on Schedule 3 to By-
law 84-63 shall have a yard between the facing wall of the buildings
and the limit of the street or streets in question which has a yard
width of a minimum of 0.5 metres and a maximum of 4.0 metres.
228.4.2 STREET-RELATED COMMERCIAL EXCEPTION rC9-2l ZONE
a) In addition to the regulations contained in 22B.3, the following additional
zone regulations apply to the lands within the (C9-2) zone:
(i) Total Floor Area (maximum)
4000 square metres
(ii) Notwithstanding Section 3.16 e), lands in a C9-2 zone may be used
to accommodate a portion of the required parking for a iegally
permitted use in an abutting C8-1 zone or C8-2 zone;
(Iii) Notwithstanding Section 22B.3 a) a maximum of three (3) individual
business establishments with a total floor area less than 300
square metres, but greater than 100 square metres may be
constructed and used.
228.4.3STREET-RELATED COMMERCIAL EXCEPTION rC9-31 ZONE
a) In addition to the regulations contained in 22B.3, the following additional
zone regulations apply to the lands within the (C9-3) zone:
(i) Total Floor Area (maximum)
3800 square metres;
(ii) A publicly accessibie square having a minimum area of 500 square
metres shall be located immediately abutting the intersection of
Highway No. 2 and Green Road. Buildings abutting the publicly
accessible square shall have a minimum separation between
business establishment facades of g m;
(iii) Notwithstanding Section 3.16 e), lands zoned C9-3 may be used to
accommodate a portion of the required parking for a legally
permitted use in an abutting C8-3 zone andlor C8-4; and
-20 -
(iv) Notwithstanding Section 22B.3 a) a maximum of four (4) individual
business establishments wnh a total floor area less than 300 square
metres, but greater than 100 square metres may be constructed and
used.
228.4.4 STREET-RELATED COMMERCIAL EXCEPTION IC9-41 ZONE
a) In addition to the regulations contained in 22B.3, the following addnional
zone regulations apply to the lands within the (C9-4) zone:
(i) Total Floor Area (maximum)
1000 square metres
(ii) Notwithstanding Section 3.16 e), lands zoned C9-4 may be used to
accommudate a portion of the required parking for a legally permitted
use in an abutting C1-7 zone.
2. By amending Schedule "3" to By-law 64-63 as amended to correspond wnh
Schedules "A-1, A-2, A-3 and A-4" attached to and forming part of this By-law.
3. This By-Law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 of the Planning Act, R.S.O. 1990 cP13.
By-Law read a first time this day of
By-Law read a second time this day of
By-Law read a third time and finally passed this
day of
2006
2006
2006
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
-21 -
This is Schedule "A-1" to By-law 2006-
passed this day of .2006 A.D.
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DURHAM
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I..-.-.....-.-.....-~ Zoning Change From "A.74n To "(HICS-1"
~ Zoning Change From "(HICS" To n(HICS_2n
B8llll88I Zoning Change From "An To n(H)CS-2"
~ Zoning Change From "(HICS" To n(HIcg_2"
~ Zoning Change From "A-74" To n(HIcg_2n
John Mutton, Moyor
Patti L. Borrie, Municipol Clerk
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This is Schedule "A-2" to By-law 2006-
passed this day of .2006 A.D.
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Zoning Change From "A" To "(H)C9-3"
Zoning Change From "C1-1S" To "(H)C9-3"
Zoning Change From "A" To "(H)C8-4"
Zoning Change From "C1-1S" To "(H)C8-4"
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John Mutton, Mayor
Bowmanvllle
Patti L. Barrie, Municipal Clerk
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This is Schedule "A-3" to By-law 2006-
passed this day of .2006 A.D.
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~ Zoning Change From "C1-14 Area B" To "C9-1"
liW@g@J Zoning Change From "C1-14 Area A" To "C1.14"
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This is Schedule "A-4" to By-law 2006-
passed this day of .2006 A.D.
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~ Zoning Change From "C1-7" To "(H)C9-4" J
John Mutton, Moyor
Patti L. Barrie, Municipal Clerk
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Subject
Lands
Anacnmem 1;'!
To Report PSD-027-0e
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-_
being a By-law to amend By-law 84-63, respecting certain lands .atthe south-
west corner of Highway 2 and Regional Road 57 in the Bowmanville West Town
Centre
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
expedient to amend By-law 84-63, as amended, to implement certain recommendations
of the Commercial Policy Review and the West Bowmanville Main Central Area
Secondary Plan Review;
NOW THE; .~FORE the Council of the Corporation of the Municipality of Clarington
hereby enacts as follows:
1. By-law 84-63, as amended, is further amended by deleting from Schedule
"3" the identification of the lands at the southwest corner of Regional Road
57 and Highway No.2, the designation "Commercial Exception (C2-4) and
replacing it with "Agricullural (A)" zone.
2. By amending Schedule "3" to By-law 84-63 as amended to correspond with
Schedule "A" attached to and forming part of this By-law.
3. This By-Law shall come into effect on the date of the passing hereof,
subject to the provisions of Sections 34 of the Pianning Act, R.S.O. 1990
cP13.
By-Law read a first time this day of
2006
By-Law read a second time this day of
2006
By-Law read a third time and finally passed this day of
2006
John Mullan, Mayor
Palli L. Barrie, Municipal Clerk
-1-
This is Schedule "A" to By-law 2006-
passed this day of .2006 A.D.
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John. Mutton, Mayor
Patti l. Barrie, Municipal Clerk
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Auacnmem 1;j
To Report PSD-027-06
Option 1
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Anacnment 14
To Report PSD-027-06
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-027-06
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Attachment 16
To Report PSD-027-06
Cl~gton
29 June 2005
Peter Walker
Walker Nott Dragecivic
172 St. George Street
Toronto, ON M5R 2M7
Dear Sir:
Re: A YT Proposal for Large Format Retail at Bennett Road and Highway 401
File Nos.: COPA 2004..007 and ZBA 2004-055 (X-ref: ROPA 2004..(06)
As you are aware, Council referred staff report PSD-097-05 back to staff for
consideration at the July 15, 2005 Special Council Meeting. In your planning report, you
reference "the commitment of AYT to extend infrastructure (Baseline Road and full
municipal servicing) functions as a public benefit that will attract additional employment
uses to the area." At the Council meeting on June 27, 2005, Mr. Kagan also made a
similar statement about AYT's proposed commitment to extend services as a public
benefit.
The Municipality's preliminary estimate of the required municipal and regional services
is in the order of $5.2 million.
In order for staff to prepare a report for Council's consideration on July 15, 2005, I need
to have more specific information of AYT's proposed commitment:
. What infrastructure items your client would fund?
. What limitations or conditions, if any, would this proposed commitment be subject
to?
. When would the construction of services commence?
. Would securities be provided by your client in support of an agreement to fund
the servicing?
. What commitments, if any, would your client expect to receive from the
Municipality or other landowners respecting the provision of the services in
question?
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3AB T (905) 623-3379
Peter Walker - Page 2
Your early response to this request is necessary in order for us to advance to the July
151h meeting. I would appreciate a response by July Slh to provide us with an adequate
opportunity to review it in conjunction with the preparation of our report to Council on the
planning instruments on July 1S, 200S.
If you have any questions or require clarification, please do not hesitate to contact me.
Yours very truly,
Da d J. Crome, M.CJ.P., R.P.P.
Director of Planning Services
Idf
ce. Mayor John Mutton
Councillor Jim Schell
Tony Cannella, Director of Engineering Services
Crome, David
Attachment 17
To Report PSD-027-06
From: Peter Walker [pwalker@wndplan.com]
Sent: July 8, 2005 4:09 PM
To: Crome, David
Cc: ikagan@kzfs.com; saverio@melodyhomes.com; Mary Feehely
Subject: Reply to your letter of June 29,2005
David, in reply to your above noted letter, I am authorized to tell you the following: On the
assumption/condition that AYT receives approval for the application that is before the Town, or
an agreed-upon compromise, A YT will extend the Base Line Road, including the in-road
services, to Bennett Road. A YT will agree that construction on these improvements will
commence and be completed before permits are issued for development of the A YT land. The
costs for these improvements (to be designed in concert with the Town and/or Region,so they
are acceptable to the n,unicipality),are to be included in an area-specific DC,and there is to be
a front-ending agreement approved by by-law ( a technique I am told is familiar to the Town),
and all persons/corporations making use of these improvements for development
purposes,except existing residential uses, will be required to contribute at the time of the
approval of their application(s) to the repayment of the front-ending capital, in a proportionate
manner. Security is to be posted by A YT prior to receiving any authorization to commence said
works.
I may not have used the wording that you would normally use in such matters,and for that I
apologize, but the details from A YT's standpoint, as I have been instructed to convey to
you ,are there. We can sort out other words at a subsequent time if that is required. I hope that
this satisfactorily answers your queries in the abovenoted letter.
Sorry for the delay in this but as you can understand, prior to responding to your specific
questions, I had to obtain specific details,beyond the general statements which both Ira Kagan
and I had provided to you and the Town Council.
Yours truly, Peter
Peter R. Walker, FCIP, RPP
President & Senior Principal
Walker, Nott, Dragicevic Associates Limited
172 51. George Street, Toronto, ON M5R 2M7
Phone 416968-3511 Fax 416960-0172
=========================================================
NOTE: This e-mail message is intended only for the named recipient(s)
above and may contain information that is privileged, confidential
and/or exempt from disclosure under applicable law. If you have
received this message in error, or are not the named recipient(s),
please immediately notify the sender and delete this e-mail message.
===========================================================
11/07/2005
Attachment 11
To Report PSD-027-01
GAN' ,',
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BiliiiiJsu:i\i, so: S6lftr rto,t's
haT. Kagan
, Tel: 41~68-2100 Ert.226
Direct Fax: 416-324-4224
E-mail: i1r......n@kz[s.com
File # 04254
July 11,2005
By Fax (905-623-6506)
Mr. David Crome
Director of:'lanning Services
, Municipality ofClarington
40 Temperance Street .
Bowmanville, Ontario
LIC 3A6
Dear Mr. Crome:
Re: OPA and ZBA for AYT CoqlOration
Your me #s: COP A 2004-00'" & 2004-055
Bennett Road between Baseline Road and lllghway 401
We are the solicitors for A YT Corpor~.tion. Mr. Walker is away from the office on vacation and
so we are replying to your email to him of July Sill at 9:03pm. This reply is supplemental to Mr.
Walker's email of July Sill at 4:09pm t.) which YOll sOllght further clarification.
As Mr. Walker indi~ated in his email of JlIly Sth, our client's commitment to bringing full
, municipal services to this area is premised upon obtaining development approval for the above-
noted applications that is mlJtually satisfactory to the municipality (Town and Region) and ollr
client.
1. Om client is prepared to inclllc.e in its front-ending works a lowering and rebuild of the
existing sanitary sewer under Ilaseline Road (from the Bowmanville Creek to Haines
Avenue). OllI client will, of course, pay its fair share of slIch works. To the extent that
other lands benefit from such works, our client reasonably expects to he reimbursed from
such benefiting lands when the se lands make lIse of the works. Where appropriate and
permitted by the Development Charges Act. this reimbllIsement can be throllgh a front-
ending agreement. For that portion of the loweringlrelmild that cannot be properly
p.l
la8;}." "\!e'R~.:/'ro:rtlntd,Onmrt'b~Mm 21.1
......._~~....,.. .". "'.,. :.,.~..~.:._.."'....iI- -..!'M, ._....~..,.A.............,u...
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included in a Development Chlrge By-law, our client would be prepared to work with the
municipality to be reimbursed through some other legal means. Our client will always
pay its fair share of such servi(es but others should do likewise.
2. We do not have a defined geographic area for the area-specific Development Charge By-
law. Engineers (with the assistance of others if needed) would have to calculate this area
The concept is that those who henefit from the works be included in the Development
Charge By-law (save for existing residential uses as Mr. Walker had previously
indicated).
3. By report dated May 6, 2005, Stantec Consulting Ltd. prepared a Functional Servicing
and Storm water Management Report. That report located and analyzed a storm water
management pond (and parking lot storage) to service the proposed development. The
pond is located at the southern end of the site adjacent to Highway 401. This pond was
proposed following discllssiom with the mllnicipality and CLOCA. Post development
flows will be controlled to pre-development peak flows and will be directed to existing
drainage outlets. Stantec was a ware of the ongoing Bennett Creek watershed MDP and
accounted for it in their report. To extent that the proposed on-site SWM pond is
determined to be unacceptable and that a more centralized SWM pond is required, then
our client will pay its fair shan: of such centralized pond. The same front-ending
arrangements can be made for this work as have committed to for the other works.
. 4. Please see our reply to item 3 {hove. The Develomnent ChaTlzes Act does allow for the
cost of acquisition of lands to he inclllded in the Development Charge By-law. Our client
is committed to paying its fair share of all necessary works but reasonably expects others
to do likewise (save for existing residentialllses).
5. Our client understands that the municipality might not lift the ''H'' from the Zoning By-
law until the required municipal services (to service the site) are in place. We expect
that Site Plan Approval will al::o be required. Our client is not opposed to working with
the municipality to build the infrastruct1lre in advance ofthe forgoing but it is simply not
possible for ollr client to commit now to any firm date. Of course it is always open to
. other landowners in the area who wish to proceed sooner to take on some of the front-
ending services and OUT client 'Nill of course pay its fair share for any benefit it receives
from same. Our client is prepared to work with the mllnicipality and other landowners to
make this work for everyone. .
We trust that this answers all OfYOllI questions. Kindly advise when we can meet with you and
Mr. Hefferon (in person or by telephone conference) to review the draft OP A and ZBA that we
understand staff will be providing to Council on July 1511I.
p.2
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FhbJ1e:;(~l6i ,86&-2100tYw{410) So&'tl2Q6
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Yours very truly,
/~
Ira T. Kagan
cc. A YT Corporation
Peter Walker
Stantec
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Attachment 19
To Report PSD-027-oe
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AcRD & BERLIS LLP
Banisters and Solicitors
Patent and Trade Mark Agents
Steven A. Zakem
Direct: 416.865.3440
E-mail: szakem@lairdberlis.com
June 13, 2005
HAND DELIVERED
Our File #69159
Mr. David Creme
DirectCir of Planning Services
The Municipality of Clarington
40Temperance Street
Bowmanville, ON
L1C3A6
Dear Mr. Crome:
First, we wish to clarify that if the West Diamond Properties Inc. and Players Business
Park Limited ("West Diamond") applications are approved, Loblaws will withdraw its
application to expand its existing store in the Clarington Centre. These applications have
been held in abeyance pending the consideration of the West Diamond applications and
have not been appealed to the Ontario Municipal Board.
Second, the re-tenanting of the existing Loblaws supermarket space will only occur after
the opening of the new store on the West Diamond property. As such, any market
. analysis considering the impact of the re-tenanting of the Loblaws Clarington Centre
space should assume a first full year of operation in the year following that of the Loblaws
store. For example, it is currently anticipated that the Loblaws store will have its first full
year of operation in 2008. As such, the first full year of operation of the re-tenanted
Claringt6n Centre space should be assumed to be 2009.
Finally, we note that Mr. Annand assumes that the entire 50,400 ft. of the existing Loblaws
store (which includes the mezzanine) would be utilized as DSTM space. This is an
extremely conservative assumption and does not reflect the likely re-tenanting of this
BCE Place. Su~e , BOO. Box 754. 181 Bay Street. Toronto. OntariO. Canada M5J 2T9 T: 416.863.1500 F: 416.863.1.515
www.airdberlis.com
Affliated with Owen. Bird I Va~
. .
June 13, 2005
Page 2
space. Instead, one could expect a mixture of commercial space including non-
department store DSTM space, personal service space and service commercial space
consistent with the usual mix of space found in most shopping centres. This is consistent
with the existing Zoning By-law provision which permits a broad range of retail and service
uses on the Clarington Centre site. Furthermore, the mezzanine space is not conducive
for use as retail commercial space.
Yours very truly,
AIRD & BERLlS LLP-
Steven A.
SAZlmn
::ODMAIPCDOCS\DOCS\189871911
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SUMMARY OF BY-LAWS
MARCH 1, 2006
BY-LAWS
2006-044 being a by-law to adopt Official Plan Amendment No. 43 to the
Clarington Official Plan
2006-045 being a by-law to adopt Official Plan Amendment No. 44 to the
Clarington Official Plan
2006-046 being a by-law to amend By-law 84-63, respecting certain
definitions and general provisions with respect to commercial
development
2006-047 being a by-law to amend By-law 84-63, respecting certain lands in
the Bowmanville West Town Centre
2006-048 being a by-law to amend By-law 84-63, respecting certain lands at
the south-west corner of Highway 2 and Regional Road 57 in the
Bowmanville West Town Centre
2006-049 being a by-law to authorize the execution of Principles of
Understanding between Players Business Park Ltd. And West
Diamond Properties Inc. and the Corporation of the Municipality of
Clarington and 1613881 Ontario Inc. (Report PSD-027-06)
2006-050 being a by-law to authorize the execution of Principles of
Understanding between Halloway Holdings Limited and the
Corporation of the Municipality of Clarington (Report PSD-027 -06)
2006-051 being a by-law to authorize the execution of the Stevens Road
Extension Agreement between Players Business Park Ltd. and
West Diamond Properties Inc. and Halloway Holdings Limited
and the Corporation of the Municipality of Clarington (Report
PSD-027-06)
2006-052 being a by-law to authorize the execution of an indemnity
agreement between Players Business Park Ltd. and West Diamond
Properties Inc. and Halloway Holdings Limited and the Corporation
of the Municipality of Clarington (Report PSD-027 -06)