HomeMy WebLinkAbout2006-050
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 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
WHEREAS at their meeting held on March 1,2006, the Council of the
Municipality of Clarington adopted Official Plan Amendment 43, Official Plan
Amendment 44, Zoning By-law Amendment 2006-046 and Zoning By-law
Amendment 2006-047 as recommended in Report PSD-027-06;
AND WHEREAS Halloway Holdings Limited has agreed to develop the Owners'
Commercial Lands to satisfy the urban design policies of Official Plan
Amendment 44;
NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON HEREBY ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of
the Corporation of the Municipality of Clarington and seal with the
Corporation Seal, Principles of Understanding between Halloway Holdings
Limited and said Corporation; and
2. THAT the Principles of Understanding attached hereto as Schedule "A"
forms part of this by-law.
By-law read a first and second time this 1 st day of March 2006.
By-law read a third time and finally passed this 1 st day of March 2006.
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John l\AuttOI1. Mayor' ~.
LRO # 40 Notice Under S.71 Of The Land Titles Act Receipted as DR513890 on 2006 06 27 at 10:21
The applicant(s) hereby applies to the Land Registrar.
Properties
pIN 26613 - 0106 LT
Descnption PT LT 16 CON 1 DARLINGTON, PT 12 PL 4OR16730 EXCEPT PT 4 PL 40R22125; TNV
RT OVER PT 19 PL 40R16730 UNTIL LAND IS DEDICATED AS A PUBLIC HIGHWAY
AS IN DR228538; CLARINGTON, REGIONAL MUNICIPALITY OF DURHAM
Address CLARINGTON
PIN 26613- 0107 LT
Descnption PT LT 16 CON 1 DARLINGTON, PTS 14, 16 & 17 PL 40R16730 EXCEPT PTS 1 & 2 PL
40R17612 AND EXCEPT PTS 1, 2 & 3 PL 40R22125; SIT D472416 & D497170; S(T
EASE OVER PT 1 PL 40R20458 AS IN DR30209; T!W RT OVER PT 19 PL 40R16730
UNTIL LAND IS DEDICATED AS A PUBLIC HIGHWAY AS IN DR228538; CLARINGTON,
REGIONAL MUNICIPALITY OF DURHAM
Address CLARINGTON
PIN 26613- 0033 LT
Descnption PT LT 16 CON 1 DARLINGTON PTS 1 & 2, 40R17563; SIT N19497; CLARINGTON
Address CLARINGTON
piN 26613- 0034 LT
Description PT LT 16 CON 1 DARLINGTON AS IN D481374; CAARINGTON
Address CAARINGTON
pI/y 26613 - 0035 LT
Descnption PT LT 16 CON 1 DARLINGTON AS IN D373949; CLARINGTON
Address CLARINGTON
Consideration
Consideration $ 0.00
Applicant(s)
The notice is based on or affects a valid and existing estate, right, interest or equity in land
Name THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Address (or Service 40 Temperance Street, Bowmanville, Ontario L1C 3A6
This document is not authorized under Power of Attorney by this party.
yyyy mm dd
This document is being authorized by a municipal corporation : John Mutton -Mayor, and Patti L. Barrie -Municipal Clerk.
Statements
This notice is for anindeterminate period
Schedule: See Schedules
This document is supported by evidence which is indexed at the Land Registry Office as index number WHT658.
Signed By
Nicholas Timathy Macos
130 Adelaide Street West, Suite acting for Applicant(s)
3425, PO Box 34
Toronto M5H 3P5
Signed
Page 1 of 3
2006 06 27
Tel 4163611500
Fax 4163611674
Submitted By
BLACK SUTHERLAND LLP
130 Adelaide Street West, Suite 3425, PO Box 34
Toronto M5H 3P5
zoos os z7
Tel 4163811500
Fax 4163611674
LRO # 40 Notice Under S.71 Of The Land Titles Act Receipted as DR513890 on 2006 06 27 at 10:21
The applicant(s) hereby applies to the Land Registrar.
yyyy mm dd
Page 2 of 3
Fees/Tazes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Applicant Client Fite Number: 7648
J
Instrument Statement, 61
Form 16
Land Titles Act
Page 3 of 3
Application to Register Notice of an Unregistered Estate, Right, Interest or Equity
(Section 71 of the Act)
T0: THE LAND REGISTRAR FOR THE LAND TITLES DIVISION OF DURHAM No. 40)
I, Nicholas T. Macos, am the solicitor for The Corporation of the Municipality of
Clarington.
2 confirm that the applicant has an unregistered estate, right, interest or equity
in the lands described as:
PIN 26613-0106
PIN 26613-0107
PIN 26613-0033
PIN 26613-0039
PIN 26613-0035
The lands are registered in the name of Halloway Holdings Limited, and I hereby
apply under Section 71 of the Land Titles Act for the entry of a Notice in the
register for the said parcels.
This notice will be effective for an indeterminate time.
The address for service of the applicant is:
90 Temperance Street
Bowmanville, ON L1C 3A6
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PRINCIPLES OF UNDERSTANDING
THESE PRINCIPLES OF UNDERSTANDING ("Principles") made as ofthe 1 st day of
March, 2006.
BETWEEN:
HALLOWAY HOLDINGS LIMITED
(hereinafter called the "Owner")
OF THE FIRST PART
- and-
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE SECOND PART
WHEREAS:
A. At its meeting held on March 1, 2006, the Council of the Municipality adopted Official
Plan Amendment Nos. 43 and 44 ("OPA 43" and "OPA 44") and passed Zoning By-law
Amendment Nos. 2006-046 and 2006-047 as recommended in Report #PSD-027-06. Copies of
OPA 43, OPA 44, Zoning By-law Amendment Nos. 2006-046 and 2006-047 are contained in
Schedule "A" hereto;
B. The Owner is the owner in fee simple of the lands described under PINs 26613-0106,
26613-0107, 26613-0033, 26613-0034 and 26613-0035 for instruments registered in the Land
Registry Office for the Land Titles Division of Durham (No. 40) ("Land Registry Office").
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These lands are within the Bowmanville West Town Centre designated by Exhibit "B" to OPA
44. They are bounded by Highway No. 2 to the south, Green Road to the west, the planned
Stevens Road Extension (as shown on Exhibit "A" to OPA 44) between Durham Road 57 and
Green Road to the north, and Clarington Boulevard to the east ("Owner's Commercial Lands").
The Owner's interest in the lands under PIN 26613-0107 is subject to a lease to The Bank of
Nova Scotia, notice of which is registered as Instrument No. D545540. A copy of Exhibit "A" to
OP A 44 is contained in Schedule "B" attached hereto;
C. The Owner has agreed to develop its lands to satisfy the urban design policies of OP A 44;
D. A copy of the proposed concept plan for the development of the Owner's lands referred
to in Recital B is contained in Schedule "C" attached hereto ("Concept Plan for Development");
E. Subject to the submission and review of detailed plans and drawings, the Concept Plan
for Development was endorsed in principle by the Council of the Municipality at its special
meeting on March 1,2006 by the passing of Resolution #C-114-06 . A copy of Resolution
#C-114-06 is contained in Schedule "D" attached hereto;
F. The Stevens Road Extension Agreement dated March 1, 2006 has been executed by the
Municipality, the Owner, Players Business Park Ltd. and West Diamond Properties Inc.
("Stevens Road Extension Agreement). In the Stevens Road Extension Agreement, the Owner
has agreed to contribute to the cost of construction of the portion of the planned Stevens Road
Extension between the west side of Clarington Boulevard and the east side of Green Road. The
Municipality has agreed to fund one hundred (100%) percent of the cost of constructing the
planned Stevens Road Extension from Regional Road 57 to the west side of C1arington
Boulevard. A copy of the Stevens Road Extension Agreement is contained in Schedule "E"
hereto;
G. The Owner has applied to the Regional Municipality of Durham ("Durham") Land
Division Committee pursuant to section 53 of the Planning Act for its consent to divide the lands
described in Recital B into two ownership units. Consideration of the application has been
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deferred pending "Final Approval" (as hereafter defined) of OPA 43, OPA 44, Zoning By-law
Amendment 2006-046 and Zoning By-law Amendment 2006-047 as they apply to the Owner's
Commercial Lands ("Planning Documents"). The Owner has agreed not to object to the
imposition by the Durham Land Division Committee as one of the conditions of its provisional
consent to the aforesaid division of its lands that a Subdivision/Consent Agreement (as hereafter
defined) be made by the Owner with the Municipality which contains, among other provisions,
appropriate provisions to implement the Owner's covenants contained in the Stevens Road
Extension Agreement;
H. The Owner has agreed with the Municipality to submit applications for site plan approval
to the Municipality pursuant to section 41 of the Planning Act for any development proposed on
any portion of the Owner's Commercial Lands. Plans submitted with the applications shall be
consistent with the Concept Plan for Development except as provided below in these Principles;
I. The Owner will also require any purchaser, mortgagee, or long-term lessee from it to
enter into an "Assumption Agreement" (as hereafter defined) with the Municipality on the terms
set out below;
J. The Owner has agreed to construct, repair and maintain Private Road C shown on the
Concept Plan for Development including streetscaping improvements on the terms set out below
in these Principles;
K. The Owner has agreed to grant the Municipality for a nominal consideration an option to
purchase Private Road C including streetscaping improvements exercisable on the terms set out
below in these Principles when the ratio of the "Total Floor Area" (as hereafter defined) of
buildings on either of Precincts "X" or "V" shown on the Concept Plan for Development exceeds
0.4 times the area of the Precinct in which such buildings are located;
L. The Owner has agreed with the Municipality that subject to the provisions set out below
in these Principles, it will enter into arrangements with Durham concerning matters within
Durham's responsibility respecting the urbanization of Highway No.2 between Green Road and
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Clarington Boulevard including the construction of a traffic control barrier on Highway No.2, all
as required by Durham;
M. The Owner has agreed to pay to the Municipality the sum of Two Hundred Thousand
($200,000.00) Dollars as consideration for the release by the Municipality of certain contractual
obligations of the Owner to the Municipality respecting the extension of Uptown Avenue
westerly from Clarington Boulevard which are referred to below in these Principles, and which
payment is subject to Final Approval of the Planning Documents;
N. The execution of these Principles on behalf of the Municipality of Clarington by the
Mayor and the Municipal Clerk is authorized by By-law 2006-050 passed by the Council of the
Municipality at its Special Meeting on March I, 2006,
NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by
each of the parties is hereby acknowledged) each of the parties hereto covenants and agrees with
the other parties as follows:
Recitals
1. Each of Recitals C to M, inclusive, and the Schedules hereto are hereby incorporated into
the operative part of these Principles. Each of the Recitals shall be construed and given
effect as covenants contained in these Principles. If there is an inconsistency between any
Recital and the following paragraphs, the text of the paragraph shall prevail to resolve the
inconsistency.
Unwindinl! of Principles of Understandinl!
2.
(a)
These Principles shall unwind and have no force or effect if OP A 43, OP A 44,
Zoning By-law Amendment 2006-046 and 2006-047 as they apply to the Owner's
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(b)
(c)
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Commercial Lands, subject only to such modifications and/or amendments that
are "Permitted Amendments" (as hereafter defined), are not adopted or passed by
the Municipality's Council on or before March 31, 2006.
If anyone or more appeals are made to the Ontario Municipal Board from the
adoption or passing of the Planning Documents by the Municipality's Council,
and the "Final Disposition" (as hereafter defined) of such appeal(s) does not result
in the final approval of the Planning Documents, subject to only such
modifications and/or amendments that are Permitted Amendments, these
Principles shall unwind and have no force or effect on the date of such Final
Disposition.
For the purpose of these Principles,
(i) the term "Permitted Amendments" means any modifications of and/or
amendments to anyone or more of OPA 43, OPA 44, Zoning By-law
Amendment 2006-046 and Zoning By-law Amendment 2006-047 which,
(1) do not have the effect either of imposing any additional restrictions
on the development of the Owner's Commercial Lands or of
imposing additional obligations on the Owner; or
(2) is either proposed by the Municipality or is made by the Ontario
Municipal Board, and which either prior to or within thirty (30)
days of such modification and/or amendment being proposed or
made, the Owner notifies the Municipality in writing that such
modification or amendment is acceptable to it; and
(ii) the term "Final Disposition" means the latest to occur of:
(1) the withdrawal of all appeals;
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(iii)
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(2) if any appeal is not withdrawn, unless an application for leave to
appeal from or judicial review of the decision/order of the Board is
made to the Ontario Divisional Court, the issuance of a final order
by the Ontario Municipal Board in respect ofthe appeal;
(3) if an application for leave to appeal or judicial reVIew to the
Ontario Divisional Court is made from a decision by the Ontario
Municipal Board, the issuance of an order by the Divisional Court
dismissing the application for leave to appeal or judicial review, or
if leave to appeal is granted, the issuance of a final order by the
Divisional Court in respect of the appeal; and
(4) if an application is made for leave to appeal to the Ontario Court of
Appeal from a decision of the Ontario Divisional Court referred to
in clause (4), the issuance of an order by the Court of Appeal
dismissing the application for leave to appeal, or if leave to appeal
is granted, issuance of a final order by the Court of Appeal in
respect of the appeal.
For the purposes of these Principles, the term "Final Approval" means the
latest to occur of:
(I) the enactment of the Planning Documents by the Municipality and
the expiration of all appeal periods therefrom, without any appeals
having been filed; and
(2) if any appeal is filed, the Final Disposition of all such appeals that
result in the Planning Documents coming into full force and effect,
subject to only such modifications and/or amendments that are
Permitted Amendments.
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(d)
(e)
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In the event there is any appeal of the Planning Documents to the Ontario
Municipal Board, the Owner in its sole discretion may elect not to participate in
the Ontario Municipal Board hearing or any Court proceeding arising therefrom
and on receipt of a written notice to the Municipality to that effect,
(i) the Owner's obligation to pay its share of the Municipality's legal and
consulting costs under the Indemnity Agreement between the
Municipality, Players, West Diamond and Halloway dated March I, 2006
(a copy of which is contained in Schedule "I" hereto) shall cease;
(ii) the Owner will not object to the repeal of the Planning Documents if the
Municipality in its sole discretion decides not to proceed with the Ontario
Municipal Board hearing or the Court proceeding, provided that the
Owner shall indemnify the Municipality against costs that may be awarded
against the Municipality as a result of the aforesaid election by the Owner;
(iii) the Owner shall make the payment to the Municipality required by
paragraph 8 as if Final Approval of the Planning Documents had been
received, provided that the releases referred to in paragraph 8 are given by
the Municipality to the Owner; and
(iv) Subject to the foregoing provisions of clauses 2( d)(ii) and (iii), which shall
survive the unwinding pursuant to this clause 2( d)(iv), these Principles
shall be deemed to have unwound and have no further force or effect on
the day that the Owner's written notice of its election not to participate in
the Ontario Municipal Board hearing or in any Court proceeding arising
therefrom is given to the Municipality.
In the event that there is any appeal of the Planning Documents to the Ontario
Municipal Board and there is no Final Disposition of all such appeals on or before
March I, 2009, the Owner hereby irrevocably consents to the repeal of the
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Planning Documents and these Principles sha1l unwind and have no further force
or effect on the day that the latest of the aforesaid repeals is passed by the
Municipality's Council.
(f) If these Principles unwind pursuant to paragraphs 2(a), (c), (d) or (e), the
Municipality will consent to and cooperate with the Owner in expunging any
Notice of them and the "Option" (as hereafter defined) referred to in paragraph 7
from the title to the lands on which it or they have been registered after the date
on which such unwinding takes effect.
Plan of Subdivision or Consent Relluired Before Construction
3. The Owner sha1l not construct or request the issuance of permits under the Ontario
Building Code Act to construct any building or structure on or develop any portion of the
Owner's Commercial Lands prior to obtaining the final consent of the Durham Land
Division Committee under section 53 of the Planning Act, (or in the event of an appeal to
the Ontario Municipal Board, that Board) the effect of which will be to permit the
transfer of the lands shown as Precinct "Y" on the Concept Plan for Development.
Condition to Consent
4.
(a)
The Owner will not object to the imposition as a condition of the granting of a
provisional consent to divide referred to III paragraph 3 that a
Subdivision/Consent Agreement be made by it with the Municipality pursuant to
section 53(12) of the Planning Act. The Subdivision/Consent Agreement sha1l
show the lands of the Owner divided into Precincts "X" and "Y" as shown on the
Concept Plan for Development. The Subdivision/Consent Agreement sha1l
contain provisions respecting, among other matters, the servicing and grading of
the Owner's Commercial Lands which are satisfactory to the Municipality's
Directors of Planning Services and Engineering Services. It sha1l also contain
provisions respecting the construction of works, the maintenance and guarantee of
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works, the approval by the Director of Engineering Services of works cost
estimates and revised works cost estimates, and the deposit, use and release of the
performance guarantee covering the cost of construction of the works as required
by the aforesaid Directors. It shall provide for the payment to the Municipality by
the Owner of the Owner's share of the costs of constructing the "Developer-
Funded Section" of the Stevens Road Extension provided for in the Stevens Road
Extension Agreement as a local service within the meaning of section 59 of the
Development Charges Act. Further, it shall contain a replication of such
provisions of these Principles that the Municipality's Solicitor, acting reasonably,
considers to be appropriate in order to protect the Municipality's interests.
(b) In these Principles as the context requires, the term "Subdivision/Consent
Agreement" shall mean either an agreement which is required to be made by an
owner of land with the Municipality as a condition of approval of a draft plan of
subdivision pursuant to sections 51(25) and (26) or an agreement which is
required to be made by an owner of land with the Municipality as a condition of a
provisional consent granted pursuant to subsection 53(12) of the Planning Act. A
Subdivision/Consent Agreement in order to implement these Principles shall be in
the Municipality's then current standard form when the Subdivision/Consent
Agreement is made.
Urbanization of Hiehwav No.2 between Green Road and Clarineton Boulevard
5. Prior to the granting of a final consent to the Owner to transfer the lands shown as
Precinct "Y" on the Concept Plan for Development, and prior to the granting of site plan
approval by the Municipality under section 41 of the Planning Act for the development of
the building on Precinct "Y" shown on the Concept Plan for Development as a home
improvement store including associated facilities as permitted by Zoning By-law
Amendment 2006-047, the Owner shall enter into an arrangement with Durham to pay
for the cost or a portion of the cost ofthe urbanization of Highway No.2 between the east
side of Green Road and the west side of Clarington Boulevard including the construction
of a traffic control median on Highway No.2 to the satisfaction of Durham. The Owner
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will not object to the imposition of a condition to the provisional consent or draft plan of
subdivision referred to in paragraph 4 in order to give effect to the intent of this
paragraph.
Construction, Repair and Maintenance of Private Road C
6.
(a)
The Owner shall construct at its cost Private Road C shown on the Concept Plan
for Development. The construction shall include the streetscaping improvements
shown on and shall be in accordance with the Cross-Section Drawings contained
in Schedule "F" attached hereto, , subject to any revisions of the Cross-Section
Drawings that may be set out in an agreement between the Owner and the
Municipality made pursuant to section 41 of the Planning Act. The Owner shall
show Private Road C on the first site plan for development of any portion of the
Owner's Commercial Lands which the Owner submits for approval under section
41 of the Planning Act. The Owner will not object to the imposition ofa condition
of site plan approval that it enter into an agreement with the Mnnicipality
requiring the Owner to keep Private Road C in a proper state of repair and to
maintain it in a reasonable and proper manner.
(b) Private Road C shall also be shown as Part and Part on Reference Plan of
Survey 40R- . The Reference Plan of Survey shall be prepared and
deposited in the Land Registry Office by the Owner at its cost within six (6)
weeks after the date ofthe Principles.
Option to Purchase Private Road C
7.
(a)
The Owner hereby grants to the Municipality an irrevocable option to purchase
("Option") Private Road C described as Part and Part on Plan 40R-
for a nominal consideration, in fee simple absolute, free and clear of all
encumbrances and restrictions except "Permitted Encumbrances" (as hereafter
defined) provided for in Schedule "G". The Option shall be exercised by the
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Municipality giving the Owner or the successor or successors in title of it of the
lands on which such Private Road is located ("Vendor"), written notice that it has
been exercised at any time following the day on which the Municipality's
Council, acting reasonably, determines that the "Total Floor Area" (as hereafter
defined) of one or more buildings located on either Precinct "x" or Precinct "Y"
shown on the Concept Plan for Development exceeds 0.4 times the area of the
Precinct in which such buildings are located ("Option Exercise Day"). On the
exercise of the Option, as aforesaid, the Vendor and the Municipality shall be
deemed to have entered into a binding agreement of purchase and sale of Private
Road C on the terms and conditions set out in Schedule "G" attached hereto,
including the term that it shall be completed on the day which is the day of expiry
of the fifteen (15) day period which commences on the Option Exercise Day.
Upon exercising its option to purchase, the Municipality shall operate and
maintain the road as a public road and that access and egress shall not be altered
from that which has at the Option Exercise Day been approved by the
Municipality without the prior written consent of the Owner and the then owner
of Precinct "Y" shown on the Concept Plan for Development.
(b)
If in the context of considering an application for site plan approval of a building
on either Precinct "X" or Precinct "Y" shown on the Concept Plan for
Development, the Municipality's Director of Engineering Services and Director
of Planning Services agree with the Owners that it would be appropriate to make
any adjustment to any portion of the aligrunent of Private Road C, that involves
an adjustment being made to the boundaries of any portion of Part _ and Part
on Plan 40R - , the Municipality shall execute any transfer or release
of its interest in relevant portions of such lands, either for a nominal consideration
or in exchange for other lands of equivalent area. In the latter case, the Option and
if necessary, the Concept Plan for Development, shall be amended accordingly.
All additional reference plans of survey required for the adjustment of the lands
subject to the Option hereunder shall be prepared by and deposited in the Land
Registry Office at the cost of the Owner prior to the Municipality granting the
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required release. The transfer to the Municipality of any lands to be exchanged for
any portion of the alignment of Private Road C shall be in fee simple absolute,
free and clear of all encumbrances and restrictions except Permitted
Encumbrances provided for in Schedule "G".
(c) For the purpose of these Principles the term "Total Floor Area" has the same
meaning as it has for the purposes of the Municipality's Zoning By-law, By-law
84-63, as amended, except that in the case of lands within a Large Format
Commercial (C8) Zone established by Zoning By-law Amendment 2006-047, the
area of a permitted "garden centre" as defined in section 22A.1(a)(vi) which is
added to the aforesaid By-law 84-63 by section 2 of Zoning By-law Amendment
2006-047, shall be excluded from the calculation of the Total Floor Area of
buildings or structures, provided that the required parking is provided..
Payment to the Municipality as Consideration for the Release of
Contractual Obli2ations Respectin2 the Uptown Avenue Extension
8. On or before the day that is thirty (30) days after the latest to occur of (1) the date of
Final Approval of the Planning Documents to permit the Owner's Commercial Lands to
be developed for retail commercial and service uses, (2) the removal of the H (Holding)
symbol from the provisions of Zoning By-law Amendment 2006-047 as it applies to
Precinct "Y" shown on the Concept Plan for Development, and (3) the granting of final
site plan approval of a home improvement store building on the aforesaid Precinct "Y",
the Owner shall pay to the Municipality the sum of Two Hundred Thousand
($200,000.00) Dollars in cash or by negotiable cheque. The payment is consideration for
the release by the Municipality of the Owner's obligation to dedicate a portion of the
lands referred to in Recital B and to construct thereon at its cost, the extension of Uptown
Avenue westerly from Clarington Boulevard. The contractual obligations of the Owner
are contained in the Servicing Agreement between the Municipality, Willsonia Industries
Limited and Clarington Place Limited dated May 24, 1994 as amended by the First
Amending Agreement between the Municipality, Clarington Place Limited and Willsonia
Industries Limited and as further amended by the Second Amending Agreement between
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the Municipality, the Owner and Will sonia Industries Limited dated June 13, 2003. (Both
the Servicing Agreement and the First Amending Agreement are contained in Schedule
"G" in Instrument No. D472409 The Servicing Agreement as amended by the First
Amending Agreement and the Second Amending Agreement collectively are referred to
as the "Servicing Agreement As Amended".) A copy of the Second Amending
Agreement is registered in the Land Registry Office as Instrument No. DR228472. On
receipt of the aforesaid payment, the obligations of the Owner respecting the aforesaid
extension of Uptown Avenue shall be deemed to be released and the Municipality shall
forthwith, and in any event, no later than thirty (30) days following its request of
documentation from the Owner, execute a good and valid release of the provisions of the
Servicing Agreement As Amended, respecting the dedication and construction of the
aforesaid extension of Uptown Avenue and such other documents prepared by the Owner
as maybe required to implement the intent of this sentence. Upon the transfer of Precinct
"Y" with the consent of the Durham Land Division Committee pursuant to paragraph 3
above, the Municipality shall prepare and execute all such documents (including, without
limitation, the passing and registration of any required by-laws to permit the execution
and registration of such documentation), as are required to release the following
instruments from title to Precinct "Y"; (i) Instrument No. D472409 as amended by
Instrument Nos. D540060 and LT970915; and (ii) Instrument No. DR228472, each as it
may be amended, and such other documents as may be required to implement the intent
ofthis sentence. The by-laws, documentation and other documents shall be registered on
title by the Owner at its cost. Prior to releasing the aforesaid Instruments from title to
Precinct "Y", the Municipality and the Owner shall execute such amendments to the
aforesaid Instruments as the Municipality's Director of Planning Services, acting
reasonably, considers to be necessary to preserve the Servicing Agreement as Amended
in their application to lands that are not included within Precinct "Y". The Owner shall
prepare and deposit on title at its cost a reference plan of survey which shows Precinct
"Y". The Owner shall pay the Municipality its reasonable costs for legal fees and
disbursements in connection with the implementation of this paragraph forthwith after
written notice requesting payment is given by the Municipality to the Owner.
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Implementation of Concept Plan for Development Throul!h Site Plans
9.
(a)
The Owner will prepare or will require successors in title of any part of the
Owner's Commercial Lands to prepare site plans for the development of its lands
that are consistent with the Concept Plan for Development. The Municipality and
the Owner irrevocably authorize the Municipality's Director of Planning Services,
acting reasonably, and after prior consultation with the Owner, to amend the
Concept Plan for Development, if necessary, by revising it to respond
appropriately to issues that may be raised by the Owner, the Municipality's staff
or commenting agencies in reviewing and commenting upon applications for site
plan approval made by the Owner or by an "Assuming Owner" (as hereafter
defined) pursuant to section 41 of the Planning Act. The site plans shall be
submitted to the Municipality for approval under section 41 of the Planning Act.
Without limiting the generality of the foregoing, the provisions of paragraphs 6
and 7 and Schedule "F" of these Principles referable to Private Road C shall be
repeated in each site plan agreement(s) required to be made as a condition of any
site plan approval under section 41 of the Planning Act. It is understood and
agreed that the Owner in subsequent submissions as part of the site plan approval
process for buildings other than the proposed home improvement store on
Precinct "Y", will make its submissions consistent with the Concept Plan for
Development. The Municipality will seek to accommodate the needs of tenants or
prospective tenants of the Owner by making decisions that will respect their needs
while making decisions that are consistent with the Concept Plan for
Development. The Owner will not ask the Municipality to approve nor will the
Owner refer or appeal any site plan that is not consistent with the Concept Plan
for Development to the Ontario Municipal Board, provided that on the
implementation of this paragraph 9(a) in respect of either Precinct "X" or Precinct
"Y" through the completion of the development thereof in accordance with the
Concept Plan for Development, the requirement of this paragraph 9(a), shall
terminate.
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(b)
(c)
15
The Municipality acknowledges that Drawings A-lOO, Revision 4, dated January
6, 2006, Drawing A3.0, revised February 27,2006, and Drawing A7.1, revised
December 20, 2005 which show the proposed home improvement store, garden
centre, associated facilities, landscaping, parking and elevations are consistent
with the Concept Plan for Development as it applies to Precinct "Y" shown on it.
The Owner covenants with the Municipality it will require a transferee of Precinct
"Y",
(i) to build a home improvement store building on Precinct "Y" which meets
Leadership in Energy and Environmental Design Green Building Rating
System version 1.0 (LEED Canada-NC 1.0) for LEED basic certification
by the Canada Green Building Council (CaGBC);
(ii) before requesting the issuance of a building permit for a home
improvement store building on Precinct "Y", to submit with their
application for a building permit,
1. proof of registration of the project with the Canada Green Building
Council (CaGBC), and
2. copies of the LEED registration information and the LEED Project
Checklist/Scorecard from the LEEDS Accredited Professional
architect identifying the list of items incorporated in the design,
construction and operation to meet LEED Canada-NC 1.0;
(iii) to submit copIes of all Technical Reviews of the project by CaGBC
including the Preliminary LEED Review and Final LEED Review
forthwith after each Technical Review of the project is made; and
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(iv) to provide all the architectural enhaucements, including brick pre-cast
panels and store facings set out in the letter to the Municipality's Mayor
John Mutton from Brent Clarkson dated July 13, 2005, unless otherwise
agreed to by the Municipality's Director of Plauning Services (a copy of
this letter is contained in Schedule "J" attached hereto.),
provided that on the implementation of this paragraph 9( c) in respect of Precinct
"Y" through the completion of the development thereof in accordauce with the
Concept PIau for Development, the requirements of this paragraph 9(c) shall
terminate.
Release of Certain Reserves
10. Subject to compliauce with the Municipal Act, 2001, the Municipality hereby covenauts
aud agrees with the Owner that, without fettering it in the exercise of its legislative
discretion, it is the intention of the parties that not later thau thirty (30) days after the date
of Final Approval of the Planning Documents, the Municipality shall pass a by-law
authorizing the trausfer by the Municipality to the Owner of the lauds described in
Instrument Number DR228537 (the "Reserve Lands"). The trausfer shall be effected not
later thau thirty (30) days after the date of Final Approval of the Planning Documents but
not sooner thau the obligation set out in paragraph 8 hereof has been performed by the
Owner aud the Municipality shall prepare, execute aud register such documents as are
required to trausfer the Reserve Lauds by the Municipality to the Owner for a nominal
consideration, in fee simple, free aud clear of auy encumbrauces. The trausfer shall be
duly stamped with the Certificate of Compliauce required pursuaut to Municipal Act,
2001 for the trausfer of the Reserve Lauds as aforesaid. The Municipality shall do such
further acts and things as may be required in order to transfer the Reserve Lands to the
Owner for a nominal consideration as aforesaid. The Owner shall pay the Municipality's
legal fees aud disbursements not to exceed $300.00. The Owner shall pay GST and Land
Trausfer Tax, if any.
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Boldin!! Provision
11. Pursuant to section 23.4.3 of the Municipality of Clarington Official Plan and section
17.2.3 of the Bowmanville West Town Centre Secondary Plan, the H (Holding) symbols
have been applied to the Owner's Commercial Lands by Zoning By-law Amendment No.
2006-_ to ensure that the matters referenced in the Municipality of Clarington Official
Plan and OPA 44 are satisfactorily addressed prior to development of the Owners'
Commercial Lands. As a result of the parties' execution of these Principles and the
Stevens Road Extension Agreement, the Municipality's adoption of OPA 43 and OPA
44, and enactment of Zoning By-law Amendment 2006-046 and Zoning By-law
Amendment 2006-047, the Municipality acknowledges that:
(a) these contractual and planning documents will ensure achievement of all those
matters set out in section 23.4.3 of the Municipality's Official Plan and section
17.2.30fOPA44;
(b) the Concept Plan for Development and the provIsIOns of these Principles
respecting site plan approval under section 41 of the Planning Act show that the
Owner will ensure achievement of all ofthose matters set out in section 17.2.4(a)
ofOPA44;
(c) the Municipality will be satisfied that appropriate arrangements will be made for
all ofthose matters required by section 17.2.4(b) ofOPA 44;
(d) the following are the only conditions that must be satisfied prior to the removal of
the holding symbols from the zoning applicable to the Owner's Commercial
Lands:
(i) the granting of a final consent to divide the Owner's Commercial Lands
by the Durham Land Division Committee as evidenced by a certificate
issued pursuant to section 53(12) of the Planning Act, or in the case of a
plan of subdivision, the granting of the approval of the final plan of
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(e)
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subdivision having been granted and in either case the conditions referred
to in these Principles having been provided for;
(ii) the execution by the Owner of a Subdivision/Consent Agreement
containing the terms provided for in these Principles;
(iii) the deposit by the Owner with the Municipality of the Performance
Guarantee required by the Stevens Road Extension Agreement;
(iv) the execution by the proposed transferee of Precinct "Y" and any proposed
transferee, mortgagee, chargee, lessee, assignee or sub-lessee of Precinct
"X" and/or "Y" of an Assumption Agreement (as hereafter defined) with
the Municipality as required by paragraph 16 hereof;
(v) the entering into of arrangements satisfactory to Durham respecting the
urbanization of Highway No.2 and related works as provided in paragraph
5 hereof;
(vi) the registration of Notice of these Principles on title to the Owner's
Commercial Lands; and
(vii) the registration of the Option on title to the lands to which it applies; and
without fettering the exerCIse of its legislative authority, the Municipality
acknowledges its present intention, subject to Final Approval of the Planning
Documents, to amend Zoning By-law Amendment 2006-047 to remove the H
(Holding) symbol from the zoning of Precinct "Y" shown on the Concept Plan for
Development as soon as is reasonably practicable after the satisfaction of the last
condition referred to in paragraph I 1 (d) to be satisfied, is satisfied.
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Notice
12. If any notice or other document is required to be or may be given by the Municipality or
by any official of the Municipality to the Owner or by the Owner to the Municipality by
these Principles, such notice shall be transmitted by telefax, mailed by first class prepaid
post or delivered to:
To the Owner:
Halloway Holdings Limited
177 Nonquon Road
20th floor
Oshawa, ON LIG 3S2
OR,
To the Municipality:
The Municipality of Clarington
40 Temperance Street
Bowmanville, ON LIC 3A6
Attention: Director of Planning Services
Fax: 905-623-0830
or such other address of which the Owner has notified the Municipality in writing. Any
such notice so mailed or delivered shall be deemed good and sufficient notice under the
terms of these Principles and shall be effective from the date which it is so mailed or
delivered.
Actin!!' Reasonablv
13. All discretionary decisions by officials of the Municipality referred to in these Principles
shall be deemed to be qualified by the words "acting reasonably".
Chan!!'es in Number or Gender
14. These Principles shall be read with all changes of gender or number required by the
context.
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Successors
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15. These Principles shall enure to the benefit of and be binding on the parties hereto, and
their respective successors and assigns.
Assumption of Oblil!:ations
16.
(a)
The Owner covenants and agrees with the Municipality that it shall be a general
and indispensable condition of any sale, mortgage or charge or a lease for a term
including entitlement to renew of 21 years or more either of the whole or anyone
or more portions of the Owner's Commercial Lands or any assignment or
sublease of such a leasable interest with an unexpired term including entitlement
to renew of 21 years or more of the whole or anyone or more portions of such
lands, that each proposed transferee, mortgagee, chargee, lessee, assignee or sub-
lessee, as the case may be, has entered into an agreement with the Municipality
prior to and conditional on the termination in question taking place assuming each
of the relevant obligations and covenants ("Assumption Agreement") provided for
in these Principles to the extent applicable to the lands in respect of which such
interest is being acquired, save and except those obligations and covenants that
have been discharged by performance to the satisfaction of the Municipality or are
included in a Subdivision/Consent Agreement made pursuant to section 51 or
section 53 of the Planning Act registered against the title to such lands which the
Municipality's Solicitor, acting reasonably, considers to be enforceable against
successors in title to the relevant portion of the Owner's Commercial Lands
pursuant to the provisions of the Planning Act. Where a mortgage, charge, lease,
assignment of lease or sublease of a leasehold interest is given by way of security
for financing then such mortgagee, chargee, lessee, assignee or sub-lessee,
thereunder shall not be bound to assume such of the Owner's obligations and
covenants unless and until such mortgagee, chargee, lessee, assignee or sub-lessee
takes possession or control of the property pursuant to such security. Where any
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(b)
21
of the obligations and covenants of a party to these Principles other than the
Municipality have been assumed unconditionally by a transferee, lessee, assignee
or sub-lessee ("Assuming Party"), as the case may be, who has acquired all or a
portion of the title to a portion of the Owner's Commercial Lands and entered into
the aforesaid Assumption Agreement with the Municipality, then the Owner, an
Assuming Party or an Assuming Party's successor in title of that land, as the case
may be, shall be deemed to be released from its obligations and covenants
hereunder to the extent that such obligations and covenants have been so
assumed. Similarly, if an Assuming Party or a successor in title of an Assuming
Party proposes to enter into a transaction referred to in this paragraph, an
Assumption Agreement is required to be made with the Municipality prior to and
conditional on the transaction in question taking place. In the latter case, the
provisions of this paragraph shall apply with all necessary changes being
considered to have been made in order to give effect to the penultimate sentence
of this paragraph 16(a).
Concurrent with the delivery of these Principles by the Owner to the
Municipality, it shall deliver to the Municipality an application duly executed by
it in registerable form and containing such terms as the Municipality's Solicitor,
acting reasonably, requires, made pursuant to section 118 of the Land Titles Act
to restrict the transfer, charge or lease of the Owner's Commercial Lands or any
portion thereof without the prior written consent of the Municipality. The Owner
or an Assuming Party, as the case may be, shall request the consent of the
Municipality by notice in writing given to the Municipality not later than three (3)
weeks prior to the date specified in the notice of the proposed transfer, mortgage,
charge, lease, assigrunent of lease or sublease of a leasehold interest, as the case
may be. The written consent of the Municipality shall be granted and the
Municipality shall notify the Land Registry Office of that fact prior to the date of
the proposed transfer, mortgage, charge, lease, assigrunent of lease or sub-lease,
as the case may be, provided that (i) the provisions of paragraph 16(a) are
satisfied, and (ii) any necessary Assumption Agreement has been made by the
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proposed transferee, mortgagee, chargee, lessee, assignee or sub-lessee, as the
case may be.
(c) Paragraph 16(a) shall terminate with respect to the land within either Precinct "X"
or Precinct "Y" when development of it to implement the Concept Plan for
Development of the entire Precinct "X" or the entire Precinct "Y", as the case
may be, is completed. Forthwith after each such completion of development of a
Precinct, the Municipality shall cooperate with the Owner or an Assuming Party,
as the case may be, in applying to expunge the Notice under section 118 of the
Land Titles Act referred to in paragraph 16(b) from the title to the relevant
Precinct. Any necessary reference plan of surveyor amendment thereto required
to accomplish this end shall be prepared and deposited on title in the Land
Registry Office at the cost ofthe Owner or Assuming Party, as the case may be.
Statns Statement
17. Within ten (10) days of receiving a written request from the Owner, the Municipality
shall provide a written statement either confirming that the requesting Owner is in good
standing and not in default of any provisions of this Agreement, or setting out the manner
and extent to which such requesting Owner is in default.
Withdrawal of Appeals
18. On or prior to Final Approval of OPA 43, OPA 44, Zoning By-law Amendment 2006-
046 and 2006-047 as they apply to the Owner's Commercial Lands being received, the
Owner will withdraw its appeals to the Ontario Municipal Board under OMB File No.
PL040131.
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Authority of Municipalitv
19. The Owner acknowledges and agrees that the Municipality has authority to enter into
these Principles, that every provision hereof is authorized by the law and is fully
enforceable by the parties, and that these Principles are executed by the Municipality in
reliance on the acknowledgement and agreement ofthe Owner as aforesaid.
Rel!:istration of Principles on Title
20. The Owner hereby consents to the registration of a Notice of these Principles as a charge
agreement against the title to the Owner's Commercial Lands. The Owner also consents
to the registration of the Option on the title to the lands to which it applies.
Payments to the Municipality to Assist BIAs and/or
to Implement Community Improvement Plans
21.
(a)
On or before the day which is thirty (30) days after the latest to occur of (1) the
date of Final Approval of Official Plan Amendments 43 and 44 and Zoning By-
law Amendments 2006-046 and 2006-047 as they apply to the Owners' lands
shown on the Concept Plan for Development as lands proposed to be developed
for retail commercial and service uses, (2) the removal of its H (Holding) symbol
from the provisions of Zoning By-law Amendment 2006-047 as they apply to the
Owner's Commercial Lands, and (3) final site plan approval of the first building
proposed to be developed for retail commercial or service uses on any portion of
the Owner's Commercial Lands, the Owner shall pay the sum of Seven Thousand
($7,000.00) Dollars to the Municipality. The Municipality shall deposit such
funds in a reserve account for future disbursement to the boards of management
of anyone or more Business Improvement Areas in the Municipality to fund
programs or to provide assistance to the Business Improvement Area, and/or to
fund or to assist in the funding of grant programs to implement the provisions of
Community Improvement Plans applicable to anyone or more business centres in
the Municipality as the Council of the Municipality in its discretion considers to
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(b)
24
be appropriate. The Owner shall make mne (9) additional payments to the
Municipality of Seven Thousand ($7,000.00) Dollars each subject to the
adjustments described in paragraph 21 (b). Each payment shall be made on each of
nine (9) anniversaries of the date of the first payment that is to be made pursuant
to this paragraph. The Owner and the Municipality intend that the aggregate of the
ten (10) payments will equal Seventy Thousand ($70,000.00) Dollars plus the
adjustments provided for in paragraph 21(b). All payments shall be made in cash
or by negotiable cheque. At its sole discretion, the Owner may pay the entire sum
of Seventy Thousand ($70,000.00) Dollars in a single payment on the day on
which the first payment as aforesaid is to be made by the Owner to the
Municipality in which caSe paragraph 21 (b) shall have no application.
The second (2nd) and each subsequent payment of Seven Thousand ($7,000.00)
Dollars made pursuant to paragraph 21(a) shall be adjusted annually commencing
on January 1" of the year in which the first payment is to be made by the Owner
to the Municipality, by an amount equal to the year-to-year percentage changes in
the Consumer Price Index for Toronto for all prices of all items as published by
Statistics Canada with the base being the CPI in effect on January 1" of the year
in which the first payment is made. Each of the nine (9) annual payments to be
made by the Owner to the Municipality on the anniversary of the date on which
they are to make the first payment to the Municipality shall be adjusted as
provided for in this paragraph 21 (b).
(c)
Notwithstanding paragraphs 21(a) and 21(b), but subject to paragraph 21(d), the
Owner shall not be required to make any payment to the Municipality pursuant to
paragraphs 21(a) and 21(b), if any of the boards of management of the
Bowmanville Business Improvement Area, the Newcastle Village Business
Improvement Area, or the Orono Business Improvement Area, or any member of
anyone of such Business Improvement Areas files an appeal or supports an
appeal filed by any other person against anyone or more ofOPA 43, OPA 44 and
Zoning By-law Amendments 2006-046 and 2006-047 as they apply to the
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(d)
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Owner's Commercial Lands and such appeal and/or support of such other
person's appeal is not withdrawn in writing on or prior to the pre-hearing
conference at which the commencement date of the hearing before the Ontario
Municipal Board is established.
If the boards of management of the Newcastle Village Business Improvement
Area and the Orono Business Improvement Area and their members do not appeal
or do not support an appeal filed by any other person, against anyone or more of
OPA 43, OPA 44 and Zoning By-law Amendments 2006-046 and 2006-047 as
they apply to the Owner's Commercial Lands, and if any such appeal and/or
support of such other person's appeal is not withdrawn in writing on or prior to
the pre-hearing conference at which the commencement date of the hearing before
the Ontario Municipal Board is established, the Owner shall pay to the
Municipality a total of five (5) payments of Fourteen Thousand ($14,000,00)
Dollars each, subject to adjustments, provided for in paragraph 21 (b), totaling in
the aggregate Seventy Thousand ($70,000.00) Dollars, subject to adjustments, for
the purposes set out in paragraph 21(a). The first payment shall be made at the
time specified in paragraph 21(a) for making the first (1st) payment under that
paragraph. The remaining four (4) annual payments of Fourteen Thousand
($14,000.00) Dollars each shall be made on the four (4) subsequent anniversaries
of the date on which the first (15t) payment is to be made. At its sole discretion,
the Owner may pay the entire sum of Seventy Thousand ($70,000.00) Dollars in a
single payment on the day on which the first payment as aforesaid is to be made
by the Owner to the Municipality. The provisions of paragraph 21(a) and 21(b)
shall apply with all necessary changes being deemed to have been made to give
effect to the intent of this paragraph 21 (d). For clarity, payment under this
paragraph 21(d) fully satisfies the duty of the Owner to make payments under
paragraph 21(a) and payment under paragraph 21(a) fully satisfies the duty of the
Owner to make payments under this paragraph 21(d).
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Termination After Final Approval
22.
(a)
In the event that the Owner has not received approval of a draft plan of
subdivision or a consent to divide the Owner's Commercial Lands as provided for
in paragraph 3, and has not commenced construction of a building thereon
contrary to paragraph 3, at any time within a period of three (3) years from the
date of Final Approval of the Planning Documents, the Owner may give the
Municipality written notice that it has elected to terminate the provisions of these
Principles except those provisions that are referred to in paragraph 22( c). ). If the
Owner has not given the Municipality notice of termination as aforesaid, at any
time after the expiry of three (3) years from the date of Final Approval of the
Planning Documents, provided that the Owner has not commenced construction
of a building in accordance with paragraph 3 hereof, the Municipality may give
the Owner written notice that it has elected to terminate the provisions of these
Principles except those provisions that are referred to in paragraph 22( c). The
notice of termination shall be effective on the date on which it is given to the
Municipality or to the Owner, as the case may be.
(b) If notice of termination is given pursuant to paragraph 22(a), without fettering the
Municipality's Council in the exercise of its legislative discretion, the parties state
their present intention to be that the Municipality will repeal the Planning
Documents within six (6) months thereafter. The Owner will not object to the
Municipality repealing the Planning Documents in whole or in part and will not
object to the Municipality adopting or passing an Official Plan Amendment and
Zoning By-law Amendment applicable to the Owner's Commercial Lands in the
same terms as those that were in effect immediately prior to the Final Approval of
the Planning Documents, except that the Official Plan Amendment shall provide
for Street C and the Uptown Extension as public streets in the locations shown on
the map contained in Schedule "L" attached hereto, unless the Owner has made
the payment provided for in paragraph 8, in which case the Uptown Extension
shall not .be shown as a public street.
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(c) The provisions of these Principles that will not terminate if a notice of election to
terminate is given under paragraph 22(a) are the following:
Paraeraphs and Schednles
8
19,21,22,23,24,25 & 26 and
Schedule "L"
Expuneement of Principles From Title After Satisfaction
23. Without derogating from the provisions of paragraph 2 of these Principles, forthwith after
the last of the provisions of these Principles to be satisfied has been satisfied, the
Municipality will consent to and co-operate with the Owner in expunging the Principles
or Notice thereof and the Notice under section 118 of the Land Titles Act if not already
expunged in accordance with paragraph 16( c), from the title to the lands on which they or
it have been registered, provided that the Option, including the terms and conditions set
out in paragraphs 7(a), 7(b) and 7(c) and Schedule "G", continues to be registered on the
title to the lands which comprise Private Road C if they have not been transferred to the
Municipality, and the payment required to be made by the Owner to the Municipality
under paragraph 8 has been made.
Further Assurances
24. The parties hereby covenant and agree, after a request in writing by one party to the other
parties, to forthwith execute and provide all further documents, instruments and
assurances as may be necessary or required in order to carry out (and give effect to) the
true intent of these presents, and to effect the registration against and release from title to
the lands subj ect to this Agreement of such notices or other instrwnents in accordance
with the provisions of this Agreement.
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Time of Essence
25. Time shall in all respects be of the essence of these Principles.
Enurement
26. These Principles shall enure to the benefit of and bind the parties hereto and their
respective successors and assigns.
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IN WITNESS WHEREOF the parties hereto have hereunto have set their hands and
seals the day and year first above written and the parties hereto have hereunto affixed their
corporate seals by the hands oftheir proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
) THE CORPORATION OF THE
) MUNICI Y OF CLARINGTON
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p
HALLO~ H~GS LIMITED
N~M'~ /!/fI/AI'Title: ;?//f ;::;.J.
Name:
Title:
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SCHEDULE "A"
COpy of OP A 43. OP A 44 and
Zoninl!: Bv-law Amendment Nos. 2006-046 and 2006-047
(Attached)
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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
30, 2005 and the BowmanviJIe West Main Central Area Secondary
Plan Review dated May 30, 2005 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 anew 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" with the words 'Town and Village Centres".
' .
4. In Section 9.3.5,
, a) by deleting the number "100. in Sub-section a) and replacing
it with the number "500.;
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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 of the
. building." .
5. In Table 9-1, by replacing the words "Central Areas. with the
words "Town or Village Centres.,
6. By deleting-Table9.2, and replacing itwith anew Table g.2as
follows:. .
Table 9-2
Housing Targets by Neighbourhoods
Urban Area Housing Units . ...
Nelghbourhoods Low Medium H~ Intensification Total
Cow1ice .
N1 Town Centre 0 0 250 100 350
N2 West Shopping District 0 0 0 350 350
N3 Worden 1175 125 0 100 1400
N4 Highland 1225 100 0 75 1400
N5 Glenview 550 535 0 50 1135
N6 Hancock 850 100 0 25 975
N7 Avondale 825 200 0 275 1300
N8 Emily Stowe 1475 275 0 550 2300
N9 Penlound 1075 75 0 75 1225
N10 Darlinglon 450 25 0 383 858
N11 Bayview 1150 300 . 125 50 .1825
N12 Farewell Heights.- . . . - .
TOTAL . en5 1735 375 . 2033 12918
Bowmanville ..
N1 East Town Centre 0 700 225 275 1200
N2 WestTown Centre 0 250 1500 0 1750
N3 Memorial 975 0 250 350 1575
N4 Central 425 125 75 75 700
N5 Vmcent Massey 1025 200 0 175 1400
N8 Apple Blossom 1300 225 0 125 1850
N7 Elgin 1025 200 .50 150 1425
N8. Fenwicj( 1325 525 0 100 1850
N9 Knox 1450 300 175 125 2050
Nl0 Nor1hglen 975 250 50 50 1325
Nl1 Brookltl 1325 350 0 75 1750
N12 Darlinglon Green 700 175 0 125 1000
N13 WestvaJe 1025 375 . 275 75 1750
N14 Wavetty 1075 275 50 75 1475
N15 Port Da~inglon 550 450 175 25 1200
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. -cc TOTAL .. 13175 4400 2825 1800 22,200
Newcasme Vuiage
Nl Vdlage Centre 0 100 50 75 225
N2 Graham 1075 100 0 .100 1275
N3 Fosler 1450 200 0 125 1n5
N4 POll of Newcastle 500 325 250 0 1075
N5 North Vdlage 1050 250 0 50 1350
N6 Wilmot 960 0 0 0 960
TOTAL T 5035 975. 300 350 6660
7. In Section 9.5.5 c), by replacing the words "Local Central Areas" .
. with the words "Neighbourhood Centres", . . .
8. . In Chapter 1 0, by deleting the words "Central Areas" in the tiUe
and replacing them with the words "Town, Village and
Nc;;;hbourhood 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, bydeJetingthe words "and direct them t,o
appropriate locations. and replacing them with the words "in an
appropriate manner~. '
12. By adding the following new section:
"10.1.4 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.
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17. By adding the following new section:
"10.2.6 To provide opportunities for and to encourage future
intensification and infiU with new development'
. 18. In Section 10.3, by deleting the words "for Central Areas"; from
the section's title.
19. 'By deleting Section 1 0.3.1 in its entirety and. replacing it with the
following new section:
"10.3.1 Town and Village Centres, Neighbourhood Centres,
. Highway Commercial Districts, the Courtice West
Shopping District and the Port of Newcastle Harbourfront .
Centre are shown on MapA, 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 andViUag8'
Centres";' .
b) in Sub-section c) by inserting the words "municipai
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 prim::iples will be further elaborated through
the urban design policy for specific Town and Village
Centres as set out in Section 10.4.6 ofthe 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 priorto .
considering of the expansion of existing Centres or
Districts or designating new Centres or Districts.
Notwithstanding the above, new Neighbourhood Centres
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may be designated through a neighbourhood planning
process". ..
22. By deleting Sections 10.3.3 tei 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
the planned function of Town and Village Centres. The
retail impact study shall be prepared by an independent .
qualified consultant retained by the Municipality at the .
explmseofthe applicant: .
,
24. By adding.a new Section 10.3A as follows:
. "10.3.4 The ongoing health and vitality ofTown and Village.
Centre~, in particular the historic downtowns, will be
encouraged by:
a) phasing major retail growth hi 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. ltis 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:
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c) it will not unduly detract from the overallvisual
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
. .~- ......dowJJtowns"and.otbeLunique..areas oUhe Municipaiity."
26. By adding a new Section 10.3.6 asJollows:
."10.3.6 As part of the Municipality's program of streetscape
improvemenfs, 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 addilion 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) an~ (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;"
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and by renumbering all subsequent Sub-sections oflhe
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 designto the principal building on the lot"
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 willl,Je".
.- 28~lrFSe"(:;tion"1tt4Fbyedele1iff9'the words "Main Central Areas" in
. the title and replacing them with the words "Town and Village
Centres". .
2(;; In Section 10.4.1,
a) by deleting the weirds "Main Central Areas shall be planned
and" in the first sentence and replacing them with the 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
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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 Maximum Floor
Floor Space for Space Index
Retail and Service
--- -., -~--l:Jses~--'. ~"~""'-==~~~~' _.~-.."
fsoua;e metres}
Bowmanville East . 80,000 1.5
Town Centre . .
Bowmanville West 100,000 1.5
Town Centre ..
Courtice 30,000 .. .1.5. ..
.Town Centre . .
Newcastle 20,000 .. 0.75
Villaoe Centre
Orono 7,500 0.4
Villaoe 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,A 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 d!3nsities 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 iiltended .
commercial functions."
33. By adding a new Section 10.4.7 as follows:
"10.4.7 Drive-through facilities are not desirable in Town arid
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-form objectives of
this Plan and the Secondary Plans. The following
policies shall apply to the development of drive-through
facilities where they arepermitled: .
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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 Jane 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~throughfacilitywill-have:sufficient dedicated
slacking lane to prevent vehicles from interfering
wilhon-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 andrepJacing them with the words "Town Centre";
b) by deleting the second sentence.il1 ils 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
litle and replacing them wilh the words "Courtice West Shopping
District". .
,
36. By deleting Se-ction 10.5.1 in its entirely, and by replacing it with
Ihefollowing revised section: .
"10.5.1 The Courtice West Shopping Dislrictserves the
surroundhlg urban areas through the provision of uses
which complement the Courtice Town Centre including
retail, service, office, residential, cullural, 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)."
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. 39. In Section 10.6, by deleting the words "Local Central Areas. in
the title and replacing them with the words "Neighbourhood
Centres". .
40. By deleting 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 heeds. They shall be planned and
. developed in a comprehensive manner. The
. maximull] amo!,Jnt of gross lea.s~ple f190rspace in any
. . e~.oneNef~lh~bouiEoCodCentre shaljbe~5:000 square. .
metres." .
41. In Section 1 0.6.2,
a) by deleting from the first sentence, the words "Local Central
Areas shall develop as mixed use areas containing
commercial, residential" replaeing 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 theZonihg 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;
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c) with the exception of a grocery store/supermarket, a
maximum of 500 sqoare 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 1004.6 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" in the 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 w.ith 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 Newcastle
. 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:
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"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 poirit and part ofthe
tourism node at the Port of Newcastle. The Harbourfront
Centre will be a high qualilyurban environment that
builds on the existing natural setting, marina and park
development and views of the waterfront. .
._~.. ~,~~~,.j~Q.z.2Witl1in~tl1a-HarbouctronLGenlr.lLa~Y2d~,"oL.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 rileet neighbourhood or tourism needs.
The hotelshall 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
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lighting and. other elements to enhance the overall
character of any residential develop-ment. .
10.7.4A 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
---c.::::=--=S€GtibFi5-;;1:g,6,S--:aAa:;-10,~r-- ---;=:-"----~--- ...--
b) it shall be lbcated in association with commercial and
hotel uses; - . .
c) itshall 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, andby
. 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 1 0.8.1 and
replacing it with the following:
. "Highway Commercial Districts are to serve the specialized
needs of residents on an occasional basis. 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 niay 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 notinclude 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; .
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e) in clause d) by d~leting the word "and" at the end of and
replacing it with a "period"; and . .
f) bydeleting 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 (::!9J.lse ':'-~)~;-E.[l9~~_._~,~_~~__".~"_~~~~.,,.~
c) by adding a new clause e) as follows:
"e) compliance with the provisions of 10.4.6 c) to i)." .
. f.? .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 renum~ered 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 1 0.9.2,
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 ohe (1) service station may be permitted
at any intersection, with the exception that in a Highway
Commercial District or Employment 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 1) as follows:
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"f)
it has no undue adverse effect on adjacent
residential uses." .
56. By deleting the renurnbered Section 1 0.9.3 and replacing it with'
the following:
. "10.9.3 Notwithstanding Section 1 0.9.2 a), selVice stations VlliII
not be permitted at prominent intersections in Town or
. Village Centres or other locations which Councildeems
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
. Section 10.9.4 as follows:
"10.9.4 Service stations will be designed with the following
considerations:
iI) high quality architectural design; landscape
treatment and fencing with particular attention to .
corner 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 t6 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."
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58. In Section 11.5.2, by deleting the last sentence that reads "Large
scaleretail 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
addingihe following new sentence at the end of the Section:
- "Service stations shall also be subjectto the policies of
Section 10.9 of this Plan."
60. In Section 16.2.5, by adding the following after the first sentence.
- e._ -- "-;i"he-;"arfha -a~ea is to i;e fully i~tegrated .~ith the d~~s'ig~~i~d"
Harbourfront Centreandshall be developed in accordance with -
.the followil1g: -
a) an integra~ed system of publicly accessible - walkways will
connect the HarbourfrontCentre 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
elemerlts 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
"Disti-icts'.
62. In Section 16.8.2, by replacing the words "Main and Sub-
Central Areas' with thewords "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 reflecf' from the third
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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 lal!t
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
_.~.~,,~~~"'"........ "~- """'==--, .,'-,......-- '.- . <
f) by d~leti~g th~ ~~~ds "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 tb 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 1s;.2
EXCEPTIONS TO ARTERIAl ROAD STANDARDS IN TOWN ANO VILLAGE CENTRES AND HAMLETS
.
Town or Village Centre or Road From . To Right-of-way
Hamlet . . Width
Courtice Town Centre Trulls Road Soulh limit fA . North limit fA 30m
Town Centre Town Centre
Bowmanville East Town . King Slreet BowmanviUe Mearns Avenue 2G-26 m
Centre Creek
NewcasUe Villa,ge Centre King Slreet West Um~ fA Mill Street . 2G-26 m
Villaoe Centre
King Slreet . Mill Street East limit fA 2E>-30m
Villaoe Centre
Mill Slreet South limit fA Northlim~oI 2G-26 m
. Villaoe Centre Villan,; Centre .
Orono Village Centre Mill Street Slatioo Street North limit 01 2G-26 m
Villane Centre
Enfield Reg. Rd. 20 Westlimil of the East limit of the 36m
Hamiel Hamiel
Reg. Rd. 34 South ~mit of the North limit of the 36m
Hamlet Hamiel .
Enniskillen Reg. Rd. 3 West limit of the Easllmt of the 2E>-30m
Hamlet Hamiel
8rownsviUe Hwy.2 West limit oflhe Easllimil 01 the 30m
Hamiel Hamiel
Newlonvilla Hwy.2 Wesllimit of the East limit 01 the 26m '.
Hamiel Hamlet
Reg. Rd. 18 South Omit of the North limit oflhe 26m
. Hamlet Hamlet
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70. ' By adding a new Section 19.6.3 as follows:
"19.6.3 Notwithstanding the above provisions, on the future
Brookhill Boulevard, private individual accesses to
detached and semi-detached dwellings and street
townhouses will not be permitted." '
. 71. In Section 19.8.1, by replacing the words "Main Central Area'with '
the words 'West Town Centre". "
72. In Section 21.2.3, by replacing the words "Main Central Areas" with
the words "Town and Village Centres". '
73.DeletingSection 23.8.2 and replacing it with the following:
,u"2"'3:2 As part 6f a submission for site plan approval, the
Municipality requires that the proponent to demonstrate how
the proposed design and the organization ofthe site and
buildings: ,
a) implements the LJrban design policies of the Official,
Plan and any relev'ant Secondary Plans;, '
b) in Town and Village Centres and in Residential
Neighbourhoods, contributes to compact, urban and
pedestrian-orientedform and function that enhances ,
pedestrian and transit accessibility; -
c) safely addresses vehicular traffic impacts;
d) implements sustainable development objectives
including protection of the natural heritage system,
energy efficiency, minimizing 1i9ht pollution and water
consumption, stormwater management controls, tree
planting and other enhancements to the natural
environment;
e) protects, enhances or restores the Municipality's built
heritage;
f) integrates with surrounding ultimate land uses and ,
addresses impacts due to noise, traffic, overshadowing,
and wind effects; ,
g) provides landscaped areas and urban amenities
consistent with the context of the planned land uses
and the Municipality's landscapin9 design and amenity
requirements;
h) makes appropriate provision for sequential staging of
services including the construction of infrastructure to
service the site; and
,i) implements any other relevant policies of this Plan. "
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74. In Section 24, by adding a definition for LEED Rating System as
follows: .
''LEEORating System ~ refers to the Leadership in Energy and
Environmental Oesign Green Building Rating System established
by the Canada Green Building Council as amended from time to
tirile." . . .
. "
75. In S~ction 24, by deleting the definition for "Retail Uses" and
replacing it with the following definition:
"Retail Uses - Uses where goods ormerchandise are sold such as,
fooa;"'generarmerchahdise, apparel, hardware, home furnishings,
, specialty retail, beer, liquor and wine automotive products, and
home improvement products, including department stores and
S"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!t 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 andinsurance 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
fJA-.
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 "C".
82. By amending Map A5 - Land Use: Orono as shown on Exhibit "0",
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".
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Bowmanville East Main Central Area Secondary Plan
The Bowmanville East Main Central Area Secondary Plan is hereby amende~ 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 thEtwords_':EasLIownCentre" and by deleting all references to "West
Main Central Area" and replacing them with the words "West Town .
Cenfre".. . .
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 floors pace, 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
po.tential within the East Town Centre for additional residential and
commercial development, consistent withemergingProvinciaJ
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 10.9 3 of the Official Plan and ili .
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
"
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10.
. 11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Area in the. Downtown and the portion of the East Business
. District west of Liberty Street."
By deleting the title of Section 6 and replacing it with the title. "General.
Commercial Area".
In Section 6.2, by deleting the word .personal" before the word 'service".
By deleting the word "and"at the end of Sub-section 7.3 c).
. .
By renumbering Sub-section 7.3 d) to Sub-section 7.3 e)..
By adding a new Sub-section 7.3 d) as follows:
"7 .3d).. additions should_enhanke-tnepedestdcln character of the
streetscape; and"
By deleting the title of Section 9and replacing it with the title "Parks and
. Square,,:,.
By renumbering Section 9.3 as Section 9.4.
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."
In Section 10.5, by adding the words "and private corporations"aflerthe
words .senior levels of government".
In Sub-section 12.3 b), by adding the words "and architectural" aflerthe
words .historic".
By amending Map A - land Use Downtown by deleting the words "East
Main Central Area" from the title blo.ck and replacing them with the words
"East Town Centre".
By amending Map B - land Use East Business District as shown on
Exhibit .1" .
The Courtice Sub-Central Area Secondary Plan
The Courtice Sub-Central Area Secondary Plan is hereby amended as follows:
1. . By deleting the title of th~ 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 District".
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 metre.s".
4. By adding a new Section 4.5 as follows:
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"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 VarcoeRoad/Darlington
Boulevard is a prominent intersection which Council deems to have
important visual significance."
5, In Sedion 5.bydeleting 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".
B. 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 of the Official Plan"
and replacing them with the words "Section 10.4.6 ofthe 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",
The 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 eastem 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. Ih Section 4.3, by deleting the word "Neighbourhood" after the words "Port
of Newcastle" and replacing it with the words "Harbourfront Centre",
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7. By adding a new Section4.6 as follows:
"4.6 For the purpose of Section 10.93 of the Officil:il 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 <:Ieems 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
officp.'3O.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"
ll) 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 tlhe Mixed Use Area."
14. By adding a new Section 7.4 as follows:
"7.4 Redevelopmentwithin the Mixed Use Area will generally comprise
the conversion of existing residential structures subject to the
following criteria:
a) the existing residential fa<;ade of a house will be maintained with .sny
additions at the rear or side of the dwelling;
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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 streetscape enhancements and pedestrian amenities;
d) parking will be located at the side or !he rear of the property behind the
. front fa~ade 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
--g)-all-devefopmef1t-wiltcomplywith-Section-Hr.4;6~)-to-i)-oHheGfficial.
Pli'ln."
15. In Section 11.3, by deleting the words "Section 10.3.2 of the Official Plan,
the sitr--t:lBvelopment criteria of Section 10.3.7 of the Official Plan" and
replacing them with the words "Section 1 0.4.5 of the Official Plan, the site
development criteria of Section 10.4.6 ofthe 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 faron-street parking;
d) adding additionaltraffle signals or traffic control devices;
e) encouraging the relocation of undesirable private accesses; .
Md . .
f) investigating the designation of King Avenue as a controlled
access road under the Municipal Act, 2001, and !he 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 OK"
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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"
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EXHIBIT "A" To Official Plan Amendment No. 43
---IJfiaANBOUNllAln'
From -Main Cenlral Area-
To "Town Centre- ~ rr=RESlDEMW..
D u.... RESlOEMW.
~~~~
rn:J ~
.
.H.
~~
~il
"~
~€
!;il
o~
~~
~~
.z
z.
. 0
E....
.
...
TOWN """""
COURlICE WEST
SllOl'l'lNO IlISIlOCT
I Delete -local Centrallwa",
~RHOOO
bW,?I"'..."""""""",
r<{tWj%H~AAfA
R =-....
- ~....
vn,IUTIUIY
1':.- .,.,.. '.'~ I ENWOlIolOOAl..
~-'. ,,>,, PROTE'CnOM AREA
lB ""'" SPACE
r~,w,1 """""""'""""".y
_ """"UI<1Y PARK
@ DISIRICf""",
~
a
~
,;
di
~/
t
NEIGHBOURHOOO PARK
PIlBUC
SECON""" SClIOCL
.........
SECON""" SClIOCL
PlIaJC
"'..",,"' SClIOCL
.........
ElfNENrARY SClIOCL
SECON"""
-- PlANNlMG;,l,REA
............... SPECW.. POlJC't<<A
SFEQAL ~ NlEA
e= GO srA110H
lOCI "IlII lIllO IlDom
-.
\':.~
'~"'...._cj
MAP A2
LAND USE
COURTlce URBAN AREA
omclAl.. PLAN
MUtlJlCIPAl.l'1Y Of' CLARINGTON
1'[8RlJARy6.2M8
LAKE ONTAiIlt>
.-......
"l
""
I ~ ~~ONlrtOF DlJRHM
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EXHIBIT"B" To Official Plan Amendment No. 43
~m
From "Neighbourhood Commercial"
To "Nelghbourhood Centre"
MAP A3
LAND USE
BOWMANVILLE URBAN AREA
OFFICIAl. PlAN
MUNICIPAUlY OF CI.AAINGTON
I'EllRlJARY6.2006
-.....,
- """'"""'SCIIOOL
- SEPARATE
Ia SECONDARY SCHOOl
- """'TE
CJ """'"""'SCIIOOl.
c=J ~~~.:ia. "~MY SCHOOl..
I~ GREIN $Pia. & ~~ARY SCHOot.
Iii I "^- """""'" ~ =-..., SCIIOOl.
~-~ OOlII.lU~rrY PAAK __ ~~~
4f} DISTRlcr PNUC ............. SPEX:W.. POlJC'I' /IRa.
4i MEIGH~ PARi< __ SPEaAl... SI\J~ AAEA
*' TOURlSU NODE <<= GO STAllON
NElGHBOURHOOD
COO1lE
EJ HIGHWAY COMhlERCIAI.
!il!:ml_TE
~- EXTRACnON AREA
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EXHIBIT "B1" To Official Plan Amendment No. 43
-'@
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EXHIBIT "e" To Official Plan Amendment No. 43
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\:::LLL::d URBAN RESIDENTIAL
L:=J URBAN RESlDENnAI..
f7M\1 MEDIUW DENSIlY
~RESIDENlW..
VILlAGE CENTRE
Rename from
"Main Central Area"
to "Village Centre"
I
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Rename from
"Local Central Area" to
"Harbourfront Centre"
111J11l1TY
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--,
/
.-/
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~ ENVlRON~ENTAl..
~ PROlETTON AREA
~ GREEN SPACE
k),~'f~,~;;,,'t WATERFRONT GREENWAY
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I ~ ~'fE~'PON8Y OF OU_ I
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i:S
DISTRICT PARK
NElGHBOURHOOO PARI(
PUBue
SECONDARY SCHOOl..
SEPARATE
SECONDARY SCHOOL
PUBue
ElBAENTAAY SCHOOL
SEPARATE
EL..a.IENTARY SCHOOL
SPEClAL POUCY AREA
MAPA4
LAND USE
NEWCASTLE VILLAGE URBAN AREA
OFFlCIAL PLAN
MUNICIPAUTY ,or ClARlNGTON
tEBRUAIl'f6,2006
*"
SECONDARY
PLANNING AFEA
TOURISM NODE
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EXHIBIT "0" To Official Plan Amendment No. 43
.. .
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Rename from
"Local Central Area"
to "Village Centre"
o
~
~
/
o
200
400
600
800 m
:200 m
Rename from
"Neighbourhood Commercial"
to "Neighbourhood Centre"
URBAN 80UNDARY
UR8AN RESIDENTIAl
VILlAGE CENlRE
. NElGH80URHOOD CENTRE
f,ai"~1,il HIGHWAY COMMERCIAL
1;'0\;1 ~~~Wc1-~~T~EA
11II GREEN SPACE
I.
~
-'
COMMUNITY PARK
DISTRICT PARK
PU8L1C
ELEMENTARY SCHOOL
SPECIAL STUDY AREA 3
..........
MAP AS
LAND USE
ORONO URBAN AREA
OFFICIAL PLAN
MUNICIPALllY OF CLARINGTON
FEBRUARY 6, 2006
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EXHIBIT "E" To Official Plan Amendment No. 43
.
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o 200 400 600 800 m
200 m
DELETE COLLECTOR ROAD
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LAKE ONVlRIO
MAP 83
TRANSPORTATION
BOWMANVILLE URBAN AREA
"ce'.'""",, URBAN BOUNDARY
....,...,"O'~..~.,,* fREEWAY
"TYPE A ARTERIAL
- - - - TYPE B ARTERIAL
....................... TYPE C ARTERIAL
OFFICIAL PLAN
MUNICIPALITY OF CLARINGTON
FEBRUARY 6. 2006
REFER TO SECTION 19
THIS CONSOIJOATION IS PROVIDED FOR CONVENIENCE ONLY
AND REPRESENTS REQUESTED MODIFICATIONS AND APPROVALS
EXISllNG
..~
-"._--
-
o
FUTURE
o FREEWAY INTERCHANGE
CO" GRADE SEPARATION
--'
COLLECTOR ROAo
- - - - - - REGIONAL TRANSIT SPINE
e ., . . . . . . . INTER-REGIONAL
TRANSIT UNE
_= GO STATION
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EXHIBIT "F" To Official Plan Amendment No. 43
MAP E1
NEIGHBOURHOOD PLANNING UNITS
COURTlCE URBAN AREA
OFFICIAL Pu\N
MUNICIPALITY OF CU\RINGTON
FEBRUARY 6, 2006
REFER TO SECTIONS 5 AND 9
Rename from
"Sub-Central Area"
to "Courlice West
Shopping District"
---91
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Rename from
"Main Central Area"
to "Town Centre"
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(3500) ~
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- - - URBAN BOUNDARY
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(1000) POPULA1lON
(*) SEE SECTION 17.6
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200 m
------
BASEUNE ROAD
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LAKE ON7AR/O
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EXHIBIT "G" To Official Plan Amendment No. 43
.. .
ON7ARIO MAP E2
NEIGHBOURHOOD PLANNiNG UNiTS
BOWMANVILLE URBAN AREA
REVISE ''WEST TOWN
CENTRE" BOUNDARY
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14
WAVERLY
(4200)
o
CHANGE FROM "EAST MAIN
CENTRAL AREA" TO .'EAST
TOWN CENTRE"
CHANGE POPULATION
FROM "3350" TO "4000"
BASEUNE ROAD
CHANGE FROM "WEST MAIN
CENTRAL AREA" TO ''WEST
TOWN CENTRE"
HIGHWAY
40)
t
o 200 400 600 600 m
200 m
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- - - URBAN BOUNDARY
NEIGHBOURHOOO BOUNDARY
(1000) POPULATION
OFFICIAL PLAN
MUNICIPAUlY OF CLARINGTON
FEBRUARY 6, 2006
REFER TO SECTIONS 5 AND 9
THIS CONSOUDATION IS PRO'v1DED FOR CONVENIENCE ONLY
AND REPRESENTS REQUESTED !.40DlFlCATlONS AND ~PROVAl.S
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EXHIBIT "H" To Official Plan Amendment No. 43
t
200 m
Rename from "Main Central
Area" to "Village Centre"
---=j)
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5 ·
NORTH V1UAGE I
(3900) I
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3
FOSTER
(5100)
6
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(1600)
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- - - URBA,N BOUNDARY
LAKE ONVlR/O
NEGHBOURHOOO BOUNDARY
(1000) POPULATION
o 200 400 600 800 m
. MAP E3
NEIGHBOURHOOD PLANNING UNITS
NEWCASTLE VILLAGE URBAN AREA
OFFICIAL PLAN
MUNICIPALllY OF CLARINGTON
FEBRUARY 6. 2006
REFER TO SECTIONS 5 AN-O 9
.
EXHIBIT" I" To Official Plan Amendment No. 43
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EXHIBIT "K" To Official Plan Amendment No.43
. .
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PARK
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.
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.
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0 DRIVE
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Add Internal Laneway
z
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50 m
I
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"Courtice Sub-Central Area Boundary"
To "Courtice West Shopping District Boundary"
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I
Rename from
"Primary Commercial Area" to
"General Commercial Area"
Rename from
"Courtice Sub-Central Area" to
"Courtice West Shopping District"
MAPA
LAND USE
COURTlCE WEST SHOPPING DISTRICT
MIXED USE AREA
COURTICE WEST
SHOPPING DISTRICT
SECONDARY PLAN
FEBRUARY 6, 2006
GENERAL COMMERCIAL AREA
.. ... ..... INTERNAL LANEWAYS
~
OFFICE COMMERCIAL AREA
.. .. .. .. . . PEDESTRIAN WALKWAYS
EXHIBIT "l" To Official Plan Amendment No. 43
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DRIVE
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<:
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DRIVE:
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- .. - PLANNING AREA BOUNDARY
~ FUlURE URBAN RESIDENTIAL
[=:=J LOW DENSITY RESIDENTIAL
ht::~;:'7A MEDIUM DENSITY RESIDENTIAL
_ HIGH DENSITY RESIDENTIAL
r::€l:::j NElGH8OURHOOD PARK
F::;0:::j PARKETTE
~~;-?(~..{;.:~ ENVIRONMENTAL
~I:;o....:~ PRO"TECllON AREA
~ STORM WATER FAClUTY
~ PU8UC
~ SECONDARV SCHOOL
~ PU8UC
~ El....EMENTARY soma.
~ SEPARATE
~ ELEMENTARY SCHOOL
NEIGH80URHOOD CENlRE
~"-.;:::_-_~_-~ UllUllES
@ HERITAGE HOUSE
ARTERIAL ROADS TYPE A
ARTERIAL ROADS TYPE 8
- - - ARTERIAL ROADS TYPE C
--------- COlLECTOR ROADS
.... lOCAL ROAD ACCESS
,"-,
t ) INTERSECTlON. IMPROVEMENT
~-'
. ............ PEDESTRIAN AND
BICYClE ROUTES
Rename from "South
West Courtice" to
"Bayview Neighbourhood"
MAPA
LAND USE
BAYVIEW NEIGHBOURHOOD
SECONDARY PlAN
FEBRUARY 6, 2006
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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 oftheWestTown Centre, and
designating additional lands for commercial development. .
_ ~--.-----.--_'~.n_ ..,___'.._. ___~._' ~____ -- .._-_.~-" ---. .--- ---. .-. --
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 SI. Lawrence and Hudson (CP)
railway and to the north by the B rookh ill 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, 2Q05 and
the Bowmanville 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."
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5. In Section 3.1.7, by deleting the words "beyond the initial allocation in
order".
6. Byrenumbering 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 emergericy access."
7. By deleting Sections 3.4.1 and 3.4.2 and replacing them with the following .
new oections:
"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 structurefor 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
crosswa.lks. .
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 away so
as to facilitate redevelopment at greater intensity in the longer term.
Block pattems for development shouldbe 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 "9" with the words and figures "11
and the urban design policies of Section 13".
9. 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
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10.
Street-Related Commercial is permitted prior to a comprehensive
review of the Official Plan after 2011".
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 Cia ring ton.
b) The d~velopment 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;
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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
H~hway~ .
. 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 earlierthan 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
floors pace, minimum and maximum store sizes and other similar
requirements to define the role of the Bowmanville W~st Town
Centre in relation to historic downtowns and to implementthe 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 inClarington and the
planned growth and function ofTown 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";
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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 ofthis 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 Street/Highway 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) bydeleting 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
Hi) 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."
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. e) By deleting the existing subsection e) and replacing if 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
squarametres 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:
_ L.. The home improvement store will be. certified under the LEED
-- - -Rating-System; --_.- . - -.- - . ... .
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 .shalt 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 preccast
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 fayade shall
contain 20% transparent glazing and the rear building fac;ade 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: .
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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) air Sub-section 5.2$ 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 Section 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
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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 2and Clarington Boulevard shall provide a
. .Jocus fOJ..commerciaLdevelopment 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) . Acce.ss 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.-
By renumbering Sections 6, 7, 8,9 and 10 to Sections 7, 8, 9, 10 and
11, respectively.
By deleting the word .personal" in the first and last sentences of
renumbered Sub-section 7.2.1 d).
By deleting renumbered Sub-sections 7.2.1 f) and g).
By deleting the word "personal" in the last sentence of renumbered
Section 7.2.2.
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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 Streer
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. Iruenumbered 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
f9-"!Jwing:
"e) Limited retail and service uses may be perrnitted 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)
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b) by adding the following at the beginning ofthe 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 fot
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 renuml;>ering the following Sections accordingly.
42. By deleting renumbered Section 13 in its entirety and replacing it with a
new Section 13 as follows:
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"13. Urban Design Policies
13.1 Purpose
Achievement of the Municipality's urban design vision for
Bowmanville WestTown Centre is of the highestpriority. Inorder
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
u(jesignp6Iides; .
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
devebpment 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.
Detailed Site Design Policies for Commercial Development
13.2
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.
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. 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 minimumwidth 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. .
___~ _SIdewl:jlks.;:md walkwi3Ys 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: Bowmanvil/e 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.
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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.
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. 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
. Internal landscaping elements will define visually and
functTo-nally smaJier parking .courts. and redu.oo 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.
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. To ensure opportunities for surveillance from adjacent areas,
perimeter hedge and stirub screening should not exceed 1.0
metre in height.
. Selection of plant material should consider the following:
. Year-round appearance;
. Seasonal variety;
. 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 sm~lIer 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 pedestrianoscaled 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 priority and
private streets as a second priority.
. Building entrances shall be identifiable and accessible to the
disabled. High quality streetscape and landscaping treatment is
encouraged at all building entrances.
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. Windows should be coordinated with the location of pedestrian
walkways to provide interest and improve security along these
routes.
. Pedestrian access from adjacent neighbourhoodsshould 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.
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. 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 oriented to
address the street frontage, street intersections and primary
access driveways. Pylon signs Should be compatiblewith 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
fa<;ade, 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.
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. 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. Thefollowing
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 Street/Highway 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
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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 Greate 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;
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. 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
features;
. Stacking lanes should be linear and straight, with a minimum
number of curves or turning movements and shoufdnot
interfere with traffic on public streets; and
. Double (jrive-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
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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 asthe
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
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o ground surface materials to allow access in all weather
oo~~~ .
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.
13.4.5 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 andJormitigated 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 below, 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.
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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 8 of this Plan provides examples and
precedents ofthe 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 Bowrnanville 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 "surfacEl"
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".
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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 StreeVHighway 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
StreeVHighway 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 a's identified
on Map A.
b) for the lands north of King StreeVHighway 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 Street/Highway 2 the construction of Prince
William Boulevard easterly froni 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 ofDurham
and GO Transit shall endeavour to enhance public transit
use and access in the Bowmanville West 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
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d) when the Municipality is proposing publicworks 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 ,m 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 Bowmarwille Creek
watershed will be undertaken in accordance with the policies of
the Brobkhill Tributary Subwatershed Plan."
57. In renumbered .Section 16.2.5, by adding the words "or Subwatershed
Plan" to the end of the last sentence.
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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 ofa site plan but will .
...~- ---be subject 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. ;;y"adding 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
this plan:
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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 howthe 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 of the 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
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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," .
--__.~O'__.~~..7'-. '_"=__ ~..,-".., _;__'~.' ,..._ . _.=~'..'_."__~" .'_=~_~~~~__'__ ~ _'~~~ '. .'_'~_ '__"'_~ _
66. By amending Map A - Land Use as shown on Exhibit "A"
67. By Adding Schedule~ A and B.
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EXHIBIT "A" To Official Plan Amendment No. 44
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006 -~
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being a By-law to amend By-law 84-63, respecting certain definitions and general
provisions with respect to commercial development
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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;
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NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
hereby enacts as follows:
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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.
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Bicycle Parking Facility, Indoor: shall mean a secure room or bicycle lockers
within a building capable of storing a minimum of 6 independently-secured
bicycles and which is readily accessible for employees or residents of the
building.
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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 with a disability.
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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 term includes
Special Exception Zones to any of these zones provided in the aforesaid By-
law 84-63."
b) By deleting Section 3.13 a) to d) inclusive and replacing them with the
following:
"3.13 Loading Space Regulations
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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 with the
provisions of Section 3.13 c).
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b. Loading spaces shall be provided on the same lot as the
building, structure or use requiring the loading space and shall
be calculated in accordance with the regulations in Section 3.13
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c). All loading spaces shall provide a vertical clearance of 5
metres.
c. Loading space regulation table
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LOADING SPACE REGULATION TABLE
Legend
Loading Space Requirements
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Length -11 m Length - 7.5 m
Width - 4 m Width - 3 m
0
0
0
0
0
0
0
2 0
3 0
1 0
2 0
3 0
3 spaces, plus
1 space for 0
every
additional
10,000 m' or
rtion thereof
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- lto gO units
- 91 or more units
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Assembly hall; Bar; Business, Professional or
I'CIministrative Office; Convenience Store; Motor vehicle
Re air Gara e; Place of Entertainment
Other permitted uses up to 300 m gross commercial floor
area
Other permitted uses w~h 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
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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
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Permitted uses with greater than 7,000 m' gross floor area
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d. Access to ioading 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.
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f. Loading spaces shall be located in the interior side yard or rear
yard. In Industrial Zones, loading spaces are also pennitted in
the front yard and exterior side yard provided the spaces are
setback from the street line a minimum distance of 20 metres.
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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 additional floor area."
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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.
e) By adding a new clause Section 3.16 b. as follows:
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"b.
DISABLED PARKING SPACES
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(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.
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(ii) Disabled Parking Space Requirement Table
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2
3
4
5
6
7
8
9
2% of lotal
21 spaces plus 1 space for every
Greater than 1000 additional 100 spaces or part
thereof over 1000 arkin s aces
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.
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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;
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(ii) Where the two outdoor parking spaces for single detached, semi-
detached andlor 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.
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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."
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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 Cg zone or any exception zone thereto."
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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 faciiity shall not be considered for the
purpose of calculating parking requirements or total floor area of
the building."
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j)
By amending all cross references to Section 3.16 contained within By-law
84-63, as amended, to correspond with 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. 1990 cP13.
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By-Law read a first time this
1
day of
March
2006
By-Law read a second time this
day of
March
2006
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By-Law read a third time and finally passed this
day of March
2006
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John M lion, Mayor
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-~
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being a By-law to amend By-law 84-63, respecting certain lands in the
Bowmanville West Town Centre
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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;
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NOW THEREFORE the Council of the Corporation of the Municipality of Clarington
hereby enacts as follows:
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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:
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"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 only be constructed and used in accordance with this By-law and the
following definitions and zone regulations:
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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 buiiding, 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 estabiishment 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 retail/commercial establishment
containing a minimum of 5,000 square metres of leasable totai 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.
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(vi) Street entrance: shall mean one of the principai 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 fa9<lde which
I 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.
I b) Permitted Residential Uses:
No residential dwelling unijs are permitted to be constructed or used.
I c) Pennitted Non-Residential Uses:
I 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 (i) assembly hall;
(ii) bakery shop;
I (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;
I (v) day nursery;
(vi) department store;
I (vii) dry cleaners distribution centre;
I (viii) eating establishment with no vehicular drive-through service;
(ix) eating establishment - take out;
I (x) financial office;
(xi) garden centre or seasonal garden centre accessory to a department
store or supennarket;
I (xii) medical or dental clinic: provided that such clinic shall be located in
a second storey or greater of any building;
I (xiii) place of entertainment;
(xiv) printing or publishing establishment;
I (xv) private club;
(xvi) retail/commercial establishment;
I (xvii) service shop, personal;
(xviii) supennarket; and,
I (xix) veterinary clinic.
I 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 follows: Cl-14, C8-1, C8-2, C8-3, C8-4, C9-1, C9-2,
C9-3 and C9-4.
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e) Reg ulations:
(i) No building may be used on anyone or more portions of the lands
zoned (Cl-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 fioor area, is constructed and operated on the lands zoned C1-
14.
(ii) A maximum of 17,000 square metres of total fioor 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 iim~ 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
Wiiliam Boulevard (minimum)
(vi) Landscaped open space (minimum)
(vii) Height of building (maximum)
(viii) Loading spaces (minimum)
5 metres
20 percent
4 storeys
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(Ix) Notwithstanding clause (iv) above 90 metres of the southerly
business establishment street fa>ade may be constructed up to 1
metre from the northerly iimit of Prince Wiiliam 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 estabiishrnent, and for greater clarity
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 sale of motorized equipment, and is not
required to provide parking spaces in accordance with Section
3.16 a) of this By-law."
2.
By repeaiing the t~le and text of Section 22A and by replacing it with a new title
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, uniess
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;
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(i1i) Street entrance:
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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 fayade, which is at or within
0.2 metres above or below finished grade.
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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~ade, which is at or within 0.2 metres
above or below finished grade, and shall be recessed from the
exterior surface of the business establishment street fa~ade a
minimum of 1.0 metre and a maximum of 3.0 metres.
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(iv) Business establishment street fayade: shall mean the portion of the
exterior wall of a building which wall faces a street shown on
Schedule 3 to By-law 84-63.
(v) Drive-through facility: shall mean the use of land, buiidings 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 facility may be
established in combination with other permitted non-residential
uses.
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(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.
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(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 fayade: shall mean a
business establishment street fa~ade oontaining the principal
entrance to a business establishment.
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(ix) RetaiUCommercial 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 oontaining
non-residential uses permitted by Section 22A.2.
(xi) Stacking lane: shall mean a queuing lane for motor vehicles which
is iocated 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.
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(xii) Street: shall mean any public street, future public street or future
private street shown on Schedule 3 to 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 futu re public street.
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22A.2 Permitted Uses
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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:
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Not Permitted
b)
Non-Residential Uses :
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A large format retail store or a medium format retail store containing
one or more of the following non-residential uses:
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(i) assembly hall;
(ii) a bank kiosk;
(iii) beer, liquor, or wine retail outlet;
(iv) business, professional, or administrative office on the second floor
or higher of a building;
(v) day nursery on the second floor or higher of a building;
(vi) dry cleaners distribution centre
(vii) eating estabiishment;
(viii) fitness centre which may include an ancillary child care centre on
the second floor or higher of a building;
(ix) garden centre;
(x) medical or dental clinic on the second floor or higher of a building;
(xi) optometrist clinic ancillary to an optical sales establishment;
(xii) place of entertainment;
(xiii) private club;
(xiv) retail/commercial establishment
(xv) school, commercial;
(xvi) service shop, iight;
(xvii) service shop, personal;
(xviii) supermarket;
(xix) tavern; and,
(xx) theatre.
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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:
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(i) eating establishment; and
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(ii) eating establishment wijh 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:
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(i) outside display area; or
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(ii) outside storage area with the exception of temporary storage of
shopping carts In the parking 101.
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22A.3 Regulations for Non-Residential Uses
a) Yard Requirements:
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(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-iaw 84-{)3 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;
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(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-{)3 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;
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(iii) A buiiding located 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 2 metres and a maximum of 5 metres;
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(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
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(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 Fa9Bde Materials:
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i) A minimum area of business establishment street fa9Bde between
finished grade and the elevation which is 3 metres above finished
grade shall be required to be constructed of transparent glass in
accordance wijh the following table:
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Primary Business Any Other Business
Type of Use Establishment Street Establishment Street
Facade Facade
Large Format Retail Store 20% 10%
Medium Format Retail Store 40% 10%
Eatino Establishment 40% 10%
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ii) Notwijhstanding Section 23A.3 b)(i), transparent or opaque glass
may be used on any building fa9Bde which is not a primary
business establishment street fa9Bde.
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c) Articulation of Building Facades:
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(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~ade 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~ade shall
exceed 30 metres in length, measured horizontally; and
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ii) Where a business establishment street fa~ade is greater than 30
metres in length (measured horizontally), the roofline of the
fa~de (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 heig ht 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
measured reiative to each other of at least 1.2 metres. The
combined iength 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.
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d)
Street Entrances:
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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 estabiishment has more than one
business establishment street fa~de, no more than one business
establishment street entrance is required.
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e)
Screening of Rooftop Mechanicals:
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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:
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(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
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(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.
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f)
Screening of Loading Spaces:
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A required loading space shall be screened from adjacent street
shown on Schedule 3 to By-iaw 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
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(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;
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(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;
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(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;
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(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
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(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.
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h) Parking:
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(i) Notwithstanding 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 of2.75 metres and a minimum length of 7.0 metres;
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(ii) No motor vehicle parking space or drive-aisle to a parking
space shall be iocated between a building and a street line;
and
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(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:
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Use Number of Parking Spaces
Reauired
A minimum 1 space per 30 square
large format retail store; and metres and a maximum of 1
medium format retail store space per 20 square metres of
total floor area or any portion
thereof
1 parking space for each 20
eating establishment square metres or any portion
thereof of total floor area
eating establishment 12 parking spaces for each 100
restaurant with a drive- square metres or any portion
throuQh facilitv thereof of total floor area
1 parking space for each 30
other drive-through facility square metres or any portion
thereof of total floor area
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i)
Drive-Throughs:
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Where a drive-through facility is permitted, the following requirements
shall apply:
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(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 it shall be located a minimum of 18 metres from
the limit of a street or shown on Schedule 3 to By-iaw 84-63;
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(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;
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(iii) No portion of the stacking lane shall be located between a
building and a street line; and
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(iv) Notwithstanding Section 22A.3 i) (i), a drive-through facility which
is not an eating establishment with a drive-through facility; is
permitted to be constructed and used on a lot if it 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.
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D
Garden Centre:
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(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 it 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; and
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(ii) The area of the garden centre permitted by clause D(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.
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k) Seasonal Garden Centre:
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(i) Notwithstanding Sections 22A.2 (d) and 22A.3 D(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 seasonai garden
centre as accessory to a permitted use for not more than a total of
90 days each calendar year; and
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(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.
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Other:
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(i) Any building located in a C8 zone ora 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 ICal ZONE
22A.4.1 LARGE FORMAT COMMERCIAL EXCEPTION ICa-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
w~hin 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:
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(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
with.
(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 fayade 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 eX1ending the full height of the building
having a minimum depth or projection of 2.0 metres and
eX1ending a minimum of 20% of the length of the primary
business establishment street facade 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 permitted 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;
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(viii) ParKing shall be provided in accordance wijh 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 calcuiated at a rate of 1 space per 19
square metres;
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(ix) An indoor bicycle parKing facility for employees shall not be
required;
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ix) Parking shall be permitted to be located between Boswell Drive
and a large format retail store; and
(xi) lands zoned CB-1 may be used to accommodate a portion of
the required parking spaces for a legally permitted use in an
abutting C9-2 zone.
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22A.4.2LARGE FORMAT COMMERCIAL EXCEPTION rCB-21 ZONE
a.
Notwithstanding Section 22A.2 (b) in addition to the uses permitted in a
CB 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.
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b.
Notwithstanding Section 22A.2(b), the only garden centre permitted is a
seasonal garden centre.
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c.
In addition to the reguiations contained in Section 22A.3, the following
additional regulations shall apply to the lands zoned CB-2:
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(i) The maximum total floor area wijhin the CB-2 zone is 16,525
square metres:
(ii) The seasonal garden centre shall not exceed 1,400 square
metres;
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(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;
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(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 it 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
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(v) No occupancy of a building for the purposes of a large-format
store may occur prior to February 1, 2007.
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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 CB zone provided that following
regulations are complied with:
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(I)
The minimum yard requirement for a building from a public
street shall be 5 metres;
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(ii)
There shall be no minimum yard requirement for a large format
retail store business establishment street fa~ade from a future
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private street shown on Schedule 3 to By-law 84-63 provided
that:
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a) The portion of the business establishment street faQade
located between grade and an elevation of 2.8 metres above
grade shall be located no closer than 3 metres from the
north limit from the adjacent future private street; and
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b) The portion of the business establishment street faQade
located between an elevation of 2.8 metres above grade
and an elevation of 8.0 metres above grade shall be located
outside the limit of the adjacent future private street.
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(ii) A minimum of 20% of the primary business establishment street
faQade and 10% of any other business establishment street
faQade shall be constructed of transparent glass;
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(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 faQade measured
horizontally;
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(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 faQade measured horizontally;
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(vi) The roofiine 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 roofiine 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 roofiine
that provide for the aforesaid variation in height shall comprise
a minimum of 20% of total length of the rooftine;
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(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 faQade 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;
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(viii) An indoor bicycle parking facility for employees shall not be
required;
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(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 IC8-31 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
within the C8-3 zone is 5050 square metres; and
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(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 a) (i) 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 with:
(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 Scheduie to this By-law;
iv) A drive-through faCility 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) Notwithstanding 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 IC8-41 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, fiooring, window coverings, roofing materials,
paintlwallpaper, furniture and appliances, seasonal items, lawn and
garden suppiies and indoor plants. A tool rental centre, fast food
kiosk, which is not a drive-through facility, and do-it-yourself training
faciiities are permitted as accessory uses in a home improvement
store; and
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ii) a Primary Business Establishment Street Fa'tade shall be defined
as the building fayade 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), (j)(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-iaw;
(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 fayade 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 fayade measured
horizontally;
(vii) Where a business estabiishment street fayade is greater than
30 metres in length (measured horizontally), the roofline of the
fayade (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 iength of the
business establishment street fayade (measured horizontally);
(viii) A storage area with 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
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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 its enclosure exposed to the elements)
and which abuts a large format retail store may be constructed
and used provided that it 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 80 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 C8-4 may be
used to accommodate a portion of the required parking spaces
for a legally permitted use in an abutting C8-3 zone and/or C9-4
zone.
3.
By adding a new Section 22B with the title and text as follows:
"228. STREET-RELATED COMMERCIAL (C9) ZONE
228.1 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 of the permitted uses within a (C9) zone.
(iii) Street entrance: shall mean one of the principal entrances to a
business estabiishment, 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 fayade,
which is at or within 0.2 metres above or below finished grade
and shall be recessed from the business establishment street
fayade a minimum of 1.0 metres and a maximum of 3.0 metres.
(Iv) Business establishment street fayade: 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 facility may
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be established in combination with other permitted non-
residential uses.
(vi)
Permitted corner fa9<'de: shall mean a portion of the business
establishment street fayade which exceeds an angle of 1350
measured at the intersection of the wall plane of the cover
fayade and the principal portion of the business establishment
street fayade.
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(vii)
Primary business establishment street fayade: shall mean a
business establishment street fayade containing the principal
entrance to a business establishment.
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(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 vehicle traffic on the same
lot by barriers or curbs.
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(ix)
Street: shall mean any public street, future public street or
future private street shown on Schedule 3 to By-law 84-63
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(x)
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.
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22B.2 Permitted Uses
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No person within a Street-Related Commercial (Cg) 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:
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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:
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(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 cieaning 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;
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(xvi)
(xvii)
(xviii)
(xix)
(xx)
school, commercial
service shop, personal;
service shop, light;
tavern; and
theatre.
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c) For the purposes of clarity, no portion of a building shall be used for any
of the following purposes:
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(i) A drive-through facility; and
(ii) An eating establishment w~h a drive-through facility.
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d) Notwithstanding the provision of Section 22.B.2 b)(ix), no more than two
financial offices, w~h 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.
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228.3 Regulations
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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 sq uare metres.
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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 lim~ 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;
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(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;
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(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;
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(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 iot 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 w~h a minimum yard width of 5 metres; and
(vi) Sections 22B.3 b) (i) and (ii) do not apply to the corner fayade
provided that the corner fas;ade does not exceed 20% of the business
establishment street fas;ade.
c) Building Heights:
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(i) Height of building containing non-residential uses (maximum) 3 storeys
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(ii) Height of building containing a combination of residential and non.
residential uses (maximum) 6 storeys
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d) Building Fa~ade 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
(ii) A minimum of 10% of any other business establishment street fa~ade
located between finished grade and an elevation which is 3 metres
shall be constructed of transparent or opaque glass.
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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 fa~ade which faces the
boundary of the sight triangle which is ne~her a street line or a
projection of a street line used in forming the sight triangle:
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Highway No.2 and Green Road;
. Highway No.2 and Clarington Boulevard; and/or
. Ciarington Bouievard and Uptown Avenue.
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(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 estabiishment has more than one
business establishment street fa~ade, no more than one business
establishment street entrance is required;
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(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:
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50% of all the buildings within the zone and property limits shall
incorporate as an arch~ectural element of the building a canopy over the
principal entrance to each business w~h 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.
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g) Building Articuiation:
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A building having a business establishment street fa~de greater than 20
metres in length, measured horizontally, shali 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:
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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 buiiding extending above its roofline which will prevent
rooftop mechanicai heating, ventilation and air-condnioning 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 architectural element or
feature shall be extended consistently around the entire building to
provide the same level of screening on all sides.
I) Screening of Loading Spaces:
A loading space shall be screened from a street, shown on Schedule 3 to
By-law 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 wnhin 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) 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
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.
22B.4 SPECIAL EXCEPTIONS STREET-RELATED COMMERCIAL (Cgl ZONE
228.4.1 STREET-RELATED COMMERCIAL EXCEPTION (C9-11 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 with drive-through
facility.
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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)(l) 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 228.3 b) (i);
(ii) lands zoned C9-1 may be used to accommodate a portion of the
required parking for a iegally permitted use in an abutting C1-14
zone; and
(iii) Notwithstanding Section 22B.3 b) (i), a buiiding 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 ICS-2l ZONE
a) In addition to the regulations contained in 22B.3, the following additional
zone reguiations apply to the lands within the (C9-2) zone:
(i) Total Floor Area (maximum)
4000 square metres
(il) Notwithstanding Section 3.16 e), lands in a C9-2 zone may be used
to accommodate a portion of the required parking for a legally
permitted use in an abutting C8-1 zone or C8-2 zone;
(iii) Notwithstanding Section 228.3 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.
22B.4,3STREET-RELATED COMMERCIAL EXCEPTION ICS-3l ZONE
a) In addition to the regulations contained in 228.3, the following additional
zone regulations apply to the lands w~hin the (C9-3) zone:
(i) Total Floor Area (maximum)
3800 square metres;
(ii) A publicly accessible 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 9 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 and/or C8-4; and
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(iv) Notwithstanding Section 228.3 a) a maximum of four (4) individual
business establishments with a total floor area less than 300 square
metres, but greater than 100 square metres may be constructed and
used.
228.4.4 STREET-RELATED COMMERCIAL EXCEPTION IC9-41 ZONE
a) In addition to the regulations contained in 22B.3, the following additional
zone regulations apply to the lands within the (C9-4) zone:
(I) Total Floor Area (maximum)
1000 square metres
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(ii) Notwithstanding Section 3.16 e), lands zoned C9-4 may be used to
accommodate a portion of the req uired parking for a legally permitted
use in an abutting Cl-7 zone.
2. By amending Schedule "3" to By-law 84-63 as amended to correspond with
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 1 day of
By-law read a third time and finally passed this
March
2006
2006
2006
March
day of March
- 21-
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This is Schedule "A-1" to By-law 2006- 047
passed this 1 day of March ,2006 A.D.
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DURHAM
1...................1 Zoning Change From "A-74" To "(H)CS-1"
~ Zoning Change From "(H)CS" To "(H)CS-Z"
B8ll8ll8I Zoning Change From "A" To "(H)CS-Z"
~ Zoning Change From "(H)CS" To "(H)C9-Z"
I?Z!2l Zoning Change From "A-74" To "(H)C9-Z"
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Bowmanville
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This is Schedule "A-2" to By-law 2006- 047
passed this 1 day of March .2006 A.D.
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Zoning Change From "A" To "(H)C8-3"
Zoning Change From "A" To "(H)C9-3"
Zoning Change From "C1-15" To "(H)C9-3"
Zoning Change From "A" To "(H)C8-4"
Zoning Change From "C1-15" T Ii
-
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This is Schedule "A-3" to By-law 2006- 047
passed this I day of March ,2006 A.D.
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I I I PRINCE WILLIAM
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~ Zoning Change From "C1-14 Area A" To "C9-1"
~ Zoning Change From "C1.14 Area a" To "C9-1"
I.i;/::':':';'~~;:::I Zoning Change From "C1-14 Area A" T"~"C .14"
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BLVD.
Johr. Mutton, Mayor
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This is Schedule "A-4" to By-law 2006- 047
passed this 1 day of March . 2006 A.D.
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L_____________________ ()
DURHAM
PRINCE WilLIAM BLVD.
-------------------------
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~ Zoning Change From "C1-7" To "(H)C9-4" J
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John Mutton, Mcyor
Subject
Lands
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EXHIBIT "A" To Official Plan Amendment No. 44
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SCHEDULE"D"
Copv of Resolution #C
Endorsinl! Concept PIan for Development
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COUlllClUOIl. SCIIELL
MUNICIPALITY OF CLARINGTON
COUNCIL
RESOLUTION #
V. /~~(
The Council of the Corporation of the Municipality of Clarington hereby resolves that the
following drawings be endorsed in principle as the Concept Plan for Development of the
lands owned by Halloway Holdings Limited, subject to the submission and review of
detailed plans and drawings under section 41 of the Planning Act:
1. Plan prepared by Semas Associates and Turner Fleischer Architects Inc.
identified as Drawing A-100 revised February 27,2006;
2. Elevation Drawing for proposed Home Depot store prepared by prepared by
Turner Fleischer Architects Inc. identified as Drawing A3.0 revised January 3,
2006; and
3. Elevation Drawing prepared by Turner Fleischer Architects Inc. identified as
Drawing A7.0 revised December 20, 2005.
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SCHEDULE"E"
COpy of Stevens Road Extension Aereement
(Attached)
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STEVENS ROAD EXTENSION AGREEMENT
THIS STEVENS ROAD EXTENSION AGREEMENT made as of the I st day of
March, 2006.
BETWEEN:
PLAYERS BUSINESS PARK LTD. and
(hereinafter called "Players")
WEST DIAMOND PROPERTIES INC.
(hereinafter called "West Diamond")
(Both collectively hereinafter called "Players-West Diamond")
OF THE FIRST PART
- and-
HALLOWAY HOLDINGS LIMITED
(hereinafter called "Halloway")
OF THE SECOND PART
- and-
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE THIRD PART
WHEREAS:
A. Players-West Diamond and Halloway (hereinafter sometimes referred to collectively as
the "Owners" and individually as an "Owner"), respectively, are the owners of certain lands,
portions of which are located in the Bowmanville West Town Centre designated by the
Municipality's proposed Official Plan Amendments 43 and 44 ("OPA 43" and "OPA 44"). OPA
43 and OPA 44 were adopted by the Municipality's Council at its meeting on March I, 2006.
These lands are designated "General Commercial" and "Street-Related Commercial" by OPA 44.
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- 2-
They are referred to individually as the "Owner's Commercial Lands" and collectively as the
"Owners' Commercial Lands". Copies of OPA 43, OPA 44 and Zoning By-law Amendments
2006-046 and 2006-047 are contained in Schedule "A" to each of the Principles of
Understanding referred to in Recital D of this Agreement;
B. The titles to the Owners' Commercial Lands referred to in Recital A are registered in the
Land Registry Office for the Land Titles Division of Durham (No. 40) and comprise portions of
the lands identified by the following Property Identification Numbers ("PIN"):
PIN #
26612-0113
26612-0114
26612-0024
26613-0106
26613-0107
26613-0033
26613-0034
26613-0035
Owner
Players
West Diamond
Players
Halloway
Halloway
Halloway
Halloway
Halloway
C. This Agreement deals with the construction of the planned Stevens Road Extension
between Durham Road 57 and Green Road. It is shown on Map "B" attached to proposed
OP A 44;
D. Players-West Diamond and Halloway, respectively, have entered into separate Principles
of Understanding with the Municipality which were made as of March I, 2006 regarding the
development of their respective portions of the Owners' Commercial Lands and certain other
matters;
E. Each of the Principles of Understanding referred to in Recital D provides for its
unwinding in the circumstances set out in paragraph 2 of each of the Principles of Understanding
and also provides for their termination under certain circumstances as set out in paragraph 22 of
the Halloway Principle of Understanding and paragraph 23 of the Players-West Diamond
Principles of Understanding;
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F. The term "Final Approval" when used in this Stevens Road Extension Agreement has the
same meaning as it has in the two Principles of Understanding referred to in Recital D, except
that when the term "Final Approval" is used in this Agreement in reference to an Owner's
Commercial Lands, it shall be deemed to refer to the lands owned by that Owner in respect of
whose lands the Principles executed by that Owner apply, and when the term "Final Approval" is
used in this Agreement in reference to the Owners' Commercial Lands, it shall be deemed to
refer to the lands to which the combination of the lands referred to in both of the Principles
apply;
G. The term "Total Floor Area" has the same meaning as it has for the purposes of the
Municipality's Zoning By-law, By-law 84-63, as amended, except that in the case of lands
within a Large Format Commercial (C8) Zone established by Zoning By-law Amendment 2006-
047, the area of a permitted "garden centre" as defined in section 22A.I(a)(vi) which is added to
the aforesaid By-law 84-63 by section 2 of Zoning By-law Amendment 2006-047, shall be
excluded from the calculation of the total floor area of buildings or structures, provided that the
required parking is provided; and
H. The execution of this Stevens Road Extension Agreement by the Mayor and Municipal
Clerk is authorized by By-law 2006-051 passed by the Municipality's Council at its meeting on
March 1,2006,
NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by
each of the Parties is hereby acknowledged) each of the Parties covenants and agrees with the
other Parties as follows:
RECITALS
1. Each of Recitals A to G is hereby incorporated into the operative part of this Stevens
Road Extension Agreement and each shall be construed as covenants contained in this
Agreement.
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FINANCING, TIME OF CONSTRUCTION AND MAINTENANCE AND REPAIR OF DEVELOPER-
FUNDED SECTION OF STEVENS ROAD EXTENSION
2.
(a)
Players-West Diamond and Halloway, respectively, shall pay to the Municipality
the cost of construction of the Stevens Road Extension between Green Road and
Clarington Boulevard (the "Developer-Funded Section") as provided in this
Agreement.
(b) The Municipality shall be responsible to undertake the design and construction of
both the Developer-Funded Section and the Municipally-Funded Section of the
Stevens Road Extension and shall commence construction of them at the time
specified in paragraph 3, provided that Players-West Diamond and/or Halloway
provide the Municipality with the funds required for the design and construction
of the Developer-Funded Section as provided for in this Agreement. The
Municipality acknowledges that it shall be responsible for the maintenance and
repair of the Stevens Road Extension at its cost, unless and until it is permanently
closed as a public highway, and the Owners shall not be responsible for the
maintenance and repair of the Stevens Road Extension.
CONSTRUCTION OF MUNICIPALLY-FUNDED SECTION OF
STEVENS ROAD EXTENSION FROM DURHAM ROAD 57 TO CLARINGTON BOULEVARD
3. The Municipality acknowledges that it will acquire any necessary land and construct at
its cost the section of the Stevens Road Extension between Durham Road 57 and
Clarington Boulevard ("Municipally-Funded Section"). It will not require Players-West
Diamond and Halloway to contribute to the cost of the Municipally-Funded Section other
than pursuant to the Development Charges By-law 2005-108 of the Municipality or the
annual tax levy of the Municipality. Construction of the Municipally-Funded Section will
be commenced by the Municipality as soon as is reasonably practicable after the later to
occur of the date on which Final Approval of OPA 43, OPA 44, Zoning By-law
Amendments 2006-046 and 2006-047as they apply to either of the Owner's Commercial
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Lands or the Owners' Commercial Lands is received, and the date on which an Owner
gives the Municipality written notice that it intends to develop a "Large Format Retail
Store" containing a minimum of 2,600 square metres of Total Floor Area on any portion
of the Owner's Commercial Lands and waives its right to terminate the Principles of
Understanding which it has executed with the Municipality.
COST OF CONSTRUCTION OF DEVELOPER-FuNDED SECTION
4. The parties acknowledge that the current estimated cost of construction of the section of
the Stevens Road Extension between Clarington Boulevard and Green Road ("Developer-
Funded Section") to an "Urban Profile" (as defined in Schedule "A" hereto) ("Urban
Profile Works") is Five Hundred Ninety-Six Thousand One Hundred and Thirty-Six
($596,136.00) Dollars ("Urban Profile Works Cost Estimate"). The current estimated cost
of construction of the Developer-Funded Section to a "Rural Profile" as defined in
Schedule "B" hereto ("Rural Profile Works") is Three Hundred Twenty-One Thousand
Six Hundred and Forty-Four ($321,644.00) Dollars ("Rural Profile Works Cost
Estimate"). The assumptions used for the calculations of the Urban Profile Works Cost
Estimate and the Rural Profile Works Cost Estimate are set out in Schedule "c" hereto.
OWNERS' PAYMENTS TO BE SECURED BY PERFORMANCE GUARANTEE
5. The performance guarantee ("Performance Guarantee") referred to in this Stevens Road
Extension Agreement to be provided by each Owner pursnant to this Agreement to secure
obligations to the Municipality hereunder shall either be cash (which shall be deposited in
a segregated reserve account by the Municipality) or an irrevocable and unconditional
letter( s) of credit issued by a bank listed in Schedule I or II of the Bank Act in a form and
containing terms and conditions that are acceptable to the Municipality's Director of
Finance. The amount of each Owner's Performance Guarantee shall be as provided for in
this Agreement and shall be adjusted from time to time as provided in this Agreement.
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NOTICES RESPECTING THE DEVELOPER-FuNDED SECTION
6. Prior to or concurrently with the enactment by the Municipality (or if an appeal is made
respecting the removal of the H (Holding) symbol to the Ontario Municipal Board, by the
Board) of any amendment to Zoning By-law Amendment 2006-047 to remove the H
(Holding) symbol from any portion of the Owners' Commercial Lands on which a Large
Format Retail Store is permitted, such Owner (the "Initiating Owner") shall give written
notice (the "First Notice") to the other Owner and the Municipality stating that it intends
to provide the funding for the construction of the Developer-Funded Section. Within
fifteen (15) days after the First Notice is given, the other Owner to whom the First Notice
is given (the "Responding Owner") shall give written notice (the "Second Notice") to the
First Owner and the Municipality stating whether it will:
(a) provide its share of the funding of the Urban Profile Works Cost Estimate in
accordance with paragraph 7 (the "Urban Profile Option"); or
(b) pay the costs of upgrading the Developer-Funded Section from a Rural Profile to
an Urban Profile in accordance with paragraph 9 (the "Rural Profile Option").
Ifthe Second Notice is not delivered within such fifteen (15) day period, the Responding
Owner shall be deemed to have selected the Rural Profile Option.
FUNDING REQUIRED FQR URBAN PROFILE OPTION
7. If the Responding Owner selects the Urban Profile Option, then each Owner shall be
responsible to pay to the Municipality fifty per cent (50%) of the costs of the design and
construction of the Urban Profile Works, and shall, not later than thirty (30) days
following the date that the First Notice is delivered, deposit with the Municipality a
Performance Guarantee in an amount equal to fifty per cent (50%) of the Urban Profile
Works Cost Estimate which shall be used by the Municipality to pay such costs in
accordance with paragraph 13 of this Agreement.
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FuNDING REQUIRED FOR RURAL PROFILE OPTION
8. In the event that the Responding Owner selects the Rural Profile Option, then the
Initiating Owner shall be responsible to pay to the Municipality the costs of the design
and construction of the Rural Profile Works. Not later than thirty (30) days following the
date that the First Notice is delivered, the Initiating Owner shall deposit with the
Municipality a Performance Guarantee in an amount equal to one hundred per cent
(100%) of the Rural Profile Works Cost Estimate which shall be used by the Municipality
to pay such costs in accordance with paragraph 13 of this Agreement.
FuNDING REQUIRED TO UPGRADE RURAL PROFILE TO URBAN PROFILE
9. If the Responding Owner selects the Rural Profile Option, then the Responding Owner
shall be responsible to pay to the Municipality one hundred (100%) per cent of the costs
of upgrading the Developer-Funded Section from a Rural Profile to an Urban Profile (the
"Rural to Urban Upgrade Works"), and shall deposit with the Municipality a
Performance Guarantee in an amount equal to the one hundred (100%) per cent of the
estimated costs thereof (the "Rural to Urban Upgrade Works Cost Estimate") prior to the
submission of an application to the Municipality to amend Zoning By-law Amendment
2006-_ to remove the H (Holding) symbol from any portion of the Owner's
Commercial Lands of the Responding Owner.
REVISED WORKS COST ESTIMATES AND ADDITIONAL PAYMENTS
10.
(a)
Prior to the payment to the Municipality ofthe As-Constructed Costs of the Urban
Profile Works, the Rural Profile Works, or the Rural to Urban Upgrade Works as
contemplated by this Agreement, the Municipality's Director of Engineering
Services may from time to time give written notice to each of Players-West
Diamond and Halloway respectively, of his revised cost estimate for the
construction of the Urban Profile Works ("Urban Profile Revised Works Cost
Estimate"), the Rural Profile ("Rural Profile Revised Works Cost Estimate")
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(b)
(c)
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and/or the Rural to Urban Upgrade Works ("Rural to Urban Upgrade Revised
Works Cost Estimate"), together with an explanation of the reason for the revised
cost estimate. The amonnt to be paid for the design and construction of the Urban
Profile Works, the Rural Profile Works and/or the Rural to Urban Upgrade Works
and the amonnt of each Owner's required Performance Guarantee shall be
deemed to be the amount of any Urban Profile Revised Works Cost Estimate,
Rural Profile Revised Works Cost Estimate or Rural to Urban Upgrade Revised
Works Cost Estimate, as the case may be. Following the giving of notice
pursuant to this paragraph, the latest Urban Profile Revised Works Cost Estimate,
the latest Rural Profile Revised Works Cost Estimate and/or the latest Rural to
Urban Upgrade Revised Works Cost Estimate shall be deemed to be the Urban
Profile Works Cost Estimate, the Rural Profile Works Cost Estimate and the
Rural to Urban Upgrade Works Cost Estimate, as the case may be, for the
purposes of this Agreement.
If the Municipality's Director of Engineering Services gives to the Owners
written notice of the Urban Profile Revised Works Cost Estimate subsequent to
the Owners having deposited Performance Guarantees with the Municipality
pursuant to paragraph 7, then each Owner shall deposit with the Mnnicipality an
additional Performance Guarantee in an amonnt equal to fifty (50%) per cent of
the amonnt of the increase in the Urban Profile Works Cost Estimate within thirty
(30) days of such notice.
If the Mnnicipality's Director of Engineering Services provides to an Owner
written notice of a Rural Profile Revised Works Cost Estimate or a Rural to Urban
Upgrade Revised Works Cost Estimate subsequent to the responsible Owner
having deposited a Performance Guarantee with the Mnnicipality pursuant to
paragraph 8 or 9, as the case may be, then the responsible Owner shall deposit
with the Municipality an additional Performance Guarantee in an amonnt equal to
one hnndred (100%) per cent of the amonnt of the increase in the Rural Profile
Works Cost Estimate or the Rural to Urban Upgrade Revised Works Cost
Estimate, as the case may be, within thirty (30) days of such notice.
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AS-CONSTRUCTED COSTS
11. Upon completion of the Urban Profile Works, the Rural Profile Works or the Rural to
Urban Upgrade Works, as the case may be, the Municipality's Director of Engineering
Services shall give Players-West Diamond and Halloway written notice that the Stevens
Road Extension has been completed and dedicated as a public road by By-law passed
pursuant to the Municipal Act, 2001 ("Completed"). No later than the ten (10) days
following the date on which this written notice is given to the Owners, the Municipality's
Director of Engineering Services shall give written notice to Players-West Diamond and
Halloway of the as-constructed costs thereof. If the as-constructed costs exceed the
Urban Profile Works Cost Estimate, the Rural Profile Works Cost Estimate, or the Rural
to Urban Upgrade Works Cost Estimate, whichever is applicable, forthwith after written
demand is given to it by the Municipality the Owner that is responsible for the costs
thereof pursuant to paragraph?, 8 or 9, shall pay the Municipality any amount by which
such as-constructed costs exceed the Urban Profile Works Cost Estimate, the Rural
Profile Works Cost Estimate, or the Rural to Urban Upgrade Works Cost Estimate, as the
case may be ("As-Constructed Payment"). If the as-constructed costs are determined by
the Municipality's Director of Engineering Services to be less than the Urban Works Cost
Estimate, the Rural Profile Works Cost Estimate or the Rural to Urban Upgrade Works
Cost Estimate, whichever is applicable, the Municipality shall return any Performance
Guarantee not required for the payment of the design and construction costs of the Urban
Profile Works, the Rural Profile Works or the Rural to Urban Upgrade Works within
thirty (30) days after written notice is given pursuant to this paragraph by the Director to
the Owner or the Owners, as the case may be.
MUNICIPALITY TO CONSULT WITH OWNERS
12. The Municipality will consult with the Owners or their consulting engineers in respect of
the design of and preparation of the tender documents for the Urban Profile Works, the
Rural Profile Works and the Rural to Urban Upgrade Works, and in respect of any extras
or change orders requested to the construction contracts therefor. During regular business
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hours of the Municipality, at a time to be arranged with the Municipality's Director of
Engineering Services in advance not less than one (1) week prior to the call for tenders by
the Municipality or prior to the issuance of a change order or extra to the construction
contract, as the case may be, the Owners shall be given the opportunity to inspect such
plans and documentation as may be reasonably required for such consultation.
USE OF FUNDS BY THE MUNICIPALITY
13.
(a)
The Municipality shall:
(i) use the performance Guarantee and the As-Constructed Payments
provided by the Owners in respect of the Urban Profile Works Cost
Estimate only to pay for costs actually incurred in respect of Urban Profile
Works, and shall pay fifty per cent (50%) of each such cost incurred from
the Performance Guarantees and/or the As-Constructed Payments
provided by each Owner;
(ii) use the Performance Guarantee and As-Constructed Payments provided by
the Initiating Owner in respect of the Rural Profile Works Cost Estimate
only to pay for costs actually incurred in respect of Rural Profile Works;
and
(iii) use the Performance Guarantee and As-Constructed Payments provided by
the Responding Owner in respect of the Rural to Urban Upgrade Works
Cost Estimate only to pay for costs actually incurred in respect of Rural to
Urban Upgrade Works.
(b) During regular business hours of the Municipality, at a time to be arranged in
advance with the Municipality's Director of Engineering Services, the Owners
may inspect copies of such documentation as may be reasonably required to
verify the costs so incurred by the Municipality (including copies of invoices,
approved purchase orders and/or certified progress certificate in respect of such
costs).
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CONSEOUENCES OF DEFAULT
14. In the event that either or both of Players-West Diamond and Halloway fail to provide
any Performance Guarantee or make any payments to the Municipality required pursuant
to this Agreement within the time periods required herein, the Owner in default shall not
apply for or require the issuance of any permit for the construction of or occupancy by or
occupy any Large Format Retail Store on any portion of the said Owner's Commercial
Lands pursuant to the Ontario Building Code Act until such Performance Guarantee or
payments (including the payment of any interest that has accrued pursuant to paragraph
15) have been fully deposited or made.
UNPAID MONIES
15. Except as otherwise provided in this Agreement, the due date of any money payable
under it, unless a different due date is specified in this Agreement, shall be ten (10) days
after the date of the giving of written notice by the Municipality to Players-West-
Diamond and/or Halloway, as the case may be. Where an Owner is in default in respect
of such payment, interest shall be calculated and be paid to the Municipality by the
Owner in default on all sums for the Owner is in default at the same rate, and in the same
marmer, and at the same time as is the case with municipal taxes which are in arrears at
the date on which the default in question commences.
OBLIGATIONS NOT JOINT
16. The obligations of each of P1ayers- West Diamond and Halloway under this Stevens Road
Extension Agreement are several, and not joint or joint and several.
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CONDITION TO CONSENT TO DIVIDE OR APPROVAL OF DRAFT PLAN
17. Players-West Diamond and Halloway hereby irrevocably consent to the imposition of a
condition by the Region of Durham Land Division Committee on an application for
provisional consent to divide their respective lands comprising a portion of the Owners'
Commercial Lands or by the approving authority under the Planning Act on the approval
of a draft plan of subdivision which would divide any such lands into lots or blocks,
requiring the deposit of the Performance Guarantee required by paragraphs 7, 8 and 9 of
this Agreement.
ACTING REASONABLY
18. All discretionary decisions of officials of the Municipality and the Municipality which
are referred to in this Agreement shall be deemed to be qualified by the words "acting
reasonab 1 y".
ASSUMPTION AGREEMENT REQUIRED
19.
(a)
Players-West Diamond and Halloway severally covenant and agree with the
Municipality that until the Performance Guarantees required by paragraph 7 of
this Agreement are deposited with the Municipality, it shall be a general and
indispensable condition of any sale, mortgage or charge or a lease for a term
including entitlement to renew of21 years or more either of the whole or anyone
or more portions of the Owners' respective lands or any assigrunent or sublease of
such a leasable interest with an unexpired term including entitlement to renew of
21 years or more ofthe whole or anyone or more portions of such lands, that each
proposed transferee, mortgagee, chargee, lessee, assignee or sub-lessee, as the
case may be, has entered into an agreement with the Municipality prior to and
conditional on the transaction in question taking place assuming each of their
obligations and covenants provided for in this Agreement ("Assumption
Agreement"). Where a mortgage, charge, lease, assigrunent oflease or sublease of
a leasehold interest is given by way of security for financing then such mortgagee,
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chargee, lessee, assignee or sub-lessee, thereunder shall not be bound to assume
Players', West Diamond's, Halloway's or an assuming party's ("Assuming
Party") as the case may be, obligations and covenants, unless and until such
mortgagee, chargee, lessee, assignee or sub-lessee takes possession or control of
the property pursuant to such security. Where the obligations and covenants of a
party to this Agreement other than the Municipality have been assumed
unconditionally by a transferee, lessee, assignee or sub-lessee, as the case may be,
who has acquired all or a portion of the Owner's Commercial Lands and has
entered into an Assumption Agreement with the Municipality, then the Owner is
hereby released from its obligations and covenants hereunder to the extent that
such obligations and covenants have been so assumed.
Concurrent with the delivery of this Agreement by each of Players, West
Diamond and Halloway to the Municipality, each of them shall deliver to the
Municipality an application duly executed by such Owner in registerable form
and containing such terms as the Municipality's Solicitor, acting reasonably,
requires made pursuant to section 118 of the Land Titles Act to restrict the
transfer, charge or lease, assignment of lease or sub-lease of a leasehold in one of
the Owner's Commercial Lands or any portion thereof without the prior written
consent of the Municipality. The Owner or an Assuming Party, as the case may
be, shall request the consent of the Municipality by notice in writing given to the
Municipality not later than three (3) weeks prior to the date specified in the notice
of a proposed transfer, mortgage, charge, lease, assignment of lease or sublease of
a leasehold interest, as the case may be. The written consent of the Municipality
shall be granted and the Municipality shall notify the Land Registry Office of that
fact prior to the date of the proposed transfer, mortgage, charge, lease, assignment
or sub-lease of a leasehold interest, as the case may be, provided that (i) the
provisions of paragraph 19(a) are satisfied, and (ii) any necessary Assumption
Agreement has been made by the proposed transferee, mortgagee, chargee, lessee,
assignee or sub-lessee, as the case may be.
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(c) On the deposit with the Municipality of the Performance Guarantees required in
paragraphs 7 or 8 and 9, whichever is(are) applicable, paragraphs 19(a) and 19(b)
shall terminate and have no further force or effect and the Municipality shall
cooperate with and execute any necessary documents prepared by the Owners in
their application to expunge the Notice under section 118 of the Lands Titles Act
from the title to the Owners' respective lands. Any necessary reference plan of
surveyor amendment thereto required to accomplish this end shall be prepared
and deposited on title at the cost of the Owner or an Assuming Party, as the case
may be.
NOTICE
20. If any notice or other document is required to be or may be given by the Municipality or
by any official of the Municipality to the Owners by this Agreement, or by an Owner to
the Municipality, such notice shall be transmitted by telefax, mailed by first class prepaid
post or delivered to:
The Owners:
Players-West Diamond:
c/o West Diamond Properties Inc.
30 Floral Parkway
Concord, ON L4K 4R1
Attention: Mr. Robert DeGasperis
and:
c/o Players Business Park Ltd.
1700 Langstaff Road
Suite 2003
Concord, ON UK 3S3
Attention: Mr. Bruce Fischer
and:
Halloway:
Halloway Holdings Limited.
177 Nonquon Road
20th Floor
Oshawa, ON LlG 3S2
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OR,
To the Municipality:
The Municipality of Clarington
40 Temperance Street
Bowmanville, ON LlC 3A6
Attention: Director of Planning Services
Fax: 905-623-0830
or such other telefax number or address of which either party has notified the other party
in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and
sufficient notice under the terms of this Agreement and if telefaxed or delivered prior to
4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays)
shall be deemed to have been received at the time of delivery or transmission and if
mailed by pre-paid registered mail, it shall be deemed to have been received on the third
business day (excluding Saturdays, Sundays and statutory holidays) following the
mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably
anticipated that due to Force Majeure any notice will not be received within the time limit
set out above, then such notice shall be sent by an alternate means of transportation which
may reasonably be anticipated will cause the notice to be received reasonably
expeditiously by the addressee.
FORCE MAJEURE
21. "Force Majeure" means any delay for the duration of the delay which is imposed by
reason of strikes, lockouts, riots, wars or acts of military authority, acts of public
enemies, sabotage, epidemics, washouts, nuclear and radiation activity or fallouts,
rebellion or civil commotion, fire or explosion; flood, wind, water, earthquake or other
casualty, or an Act of God and any act, omission or event whether of the kind herein
enumerated or otherwise not within the control of the Owners, none of which has been
caused by the deliberate default or act or omission by such party and none of which has
been avoidable by the exercise of reasonable effort or foresight by such party. The
Owners shall notify the Municipality of the commencement, duration and consequence
(so far as the same is within the knowledge of the Owners) of any Force Majeure
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affecting the performance of any of its obligations hereunder within thirty (30) days of
such knowledge.
UNWINDING OR TERMINATION OF AGREEMENT
22.
(a)
If both the Principles of Understanding dated March 1, 2006 between Players-
West Diamond, 1613881 and the Municipality and the Principles of
Understanding also dated March 1,2006 between Halloway and the Municipality
unwind or terminate as provided therein, save for the provisions of this paragraph
22, this Stevens Road Extension Agreement shall unwind and shall have no
further effect on the day on which the latest of such Principles of Understanding
to unwind or to terminate, unwinds or terminates. If this Agreement unwinds, no
later than sixty (60) days after the date on which this Stevens Road Extension
Agreement unwinds, the Performance Guarantees provided to the Municipality to
the extent that they have not been used in accordance with this Agreement will be
returned without interest by the Municipality to the party who paid them to the
Municipality.
(b) If one only but not both of the Principles of Understanding between Players, West
Diamond, 1613881 and the Municipality and the Principles of Understanding
between Halloway and the Municipality unwinds or terminates pursuant to its
provIsIOns:
(i) the provisions of this Stevens Road Extension Agreement shall continue to
apply, save that all references to and to the duties of the party to the
Principles of Understanding which has unwound or terminated shall be
deemed to be references to the party to the Principles of Understanding
that has not unwound or terminated and remains in effect. All necessary
changes to this Stevens Road Agreement shall be deemed to have been
made in order to give effect to the intent of this paragraph 22(b)(i); and
(ii) the Owner respecting whose Principles of Understanding with the
Municipality have not unwound or terminated, shall be responsible to pay
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for the costs of constructing the Rural Profile Works pursuant to
paragraphs 8, 10 andll, and on payment of the Performance Guarantee to
the Municipality as provided in paragraphs 8 and 10 and any amount
required to be paid to the Municipality pursuant to paragraph 11, that
Owner shall be deemed to be released from its duty to pay an amount
equal to one-halfthe cost of the Urban Profile Works.
(c) If an Owner's Principles of Understanding has unwound or terminated, the
Municipality shall execute at that Owner's request such documents prepared by
the Owner as are necessary to remove the registration of this Agreement or Notice
thereof and the Notice under section 118 of the Land Titles Act referred to in
paragraph 19(c) from the title to that Owner's Commercial Lands.
(d) For the purposes of this paragraph 22, the Players-West Diamond Principles of
Understanding shall be deemed to have terminated upon the delivery by Players-
West Diamond or the Municipality of a notice of termination in accordance with
the provisions of paragraph 23(a) of the Players-West Diamond Principles of
Understanding, and the Halloway Principles of Understanding shall be deemed to
have terminated upon the delivery by Halloway or the Municipality of a notice of
termination in accordance with the provisions of paragraph 22(a) of the Halloway
Principles of Understanding.
REGISTRATION
23. The parties hereto other than the Municipality consent to the registration of a Notice of
this Agreement as a charge against the title to the Owners' Commercial Lands. Forthwith
after an Owner has satisfied its obligations pursuant to this Agreement, the Municipality
shall execute at the Owner's written request, such documents prepared by that Owner as
are necessary to remove the registration of this Agreement or Notice thereof from title to
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- 18 -
TERMINATION OF AGREEMENT
24. Without derogating from paragraph 22 and except paragraphs 11 and 15 which shall
survive its termination under this paragraph 24, this Agreement shall terminate on the day
on which written notice that the Stevens Road Extension has been Completed is given by
the Municipality's Director of Engineering Services pursuant to paragraph 11. Without
derogating from the provisions of paragraph 23, forthwith thereafter the Municipality
shall execute at the Owner's written request, such documents prepared by that Owner as
are necessary to remove the registration of this Agreement or Notice thereof and the
Notice under section 118 of the Land Titles Act referred to in paragraph 19(c) from the
title to that Owner's Commercial Lands.
TIME OF THE ESSENCE
25. Time is of the essence of this Agreement.
AUTHORITY OF MUNICIPALITY
26. Players, West Diamond and Halloway acknowledge and agree that the Municipality has
authority to enter into this Agreement, that every provision hereof is authorized by the
law and fully enforceable by the parties, and that this Agreement is executed by the
Municipality in reliance on the acknowledgement and agreement of Players, West
Diamond and Halloway as aforesaid.
STATUS STATEMENT
27. Within ten (10) days of receiving a written request from any Owner, the Municipality
shall provide a written statement either confirming that the requesting Owner is in good
standing and not in default of any provisions of this Agreement, or setting out the manner
and extent to which such requesting Owner is in default. The statement shall also
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- 19-
confirm the total amounts of the Performance Guarantee and payments that have been
made by the requesting Owner to the Municipality pursuant to this Agreement.
FURTHER ASSURANCES
28. The parties hereby covenant and agree to forthwith execute and provide all further
documents, instruments and assurances as may be necessary or required in order to carry
out (and give effect to) the true intent of this Agreement, and to effect the registration
against and release from title to the lands subject to this Agreement of such notices or
other instruments in accordance with the provisions ofthis Agreement.
ENUREMENT
29. This Agreement shall enure to the benefit of and be binding on the Parties hereto, and
their respective successors and assigns.
COUNTERPART EXECUTION
30. This Agreement may be executed in counterparts.
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"
- 20-
IN WITNESS WHEREOF the Parties hereto have hereunto have set their hands and
seals the day and year first above written and the Parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
)
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THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
WEST DIAMO
Name:
Name:
Title:
Title:
Name:
Name:
Title:
Title:
GS b:m.l-, ,11,10:' 0 v /f'tf/
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SCHEDULE "A"
Developer-Funded Section of
Steven Roads Extension - Urban Profile
The term "Urban Profile" means the following;
Roads and Storm Sewers
I. Site Preparation
2. Earth Excavation (lm depth)
3. Granular 'A' (150mm)
4. Granular 'B' (450mm)
5. 40mm HL3
6. 80mm HL8
7. Curb and Gutter
8. Subdrain
9. Storm Sewer Pipe
10. Catch Basins
II. Catch Basin Leads
12. Storm Sewer Manholes
13. Contingencies
14. Design
15. Contract Administration
Streets cape
I. Decorative Street Lights
2. Concrete Sidewalk
3. Concrete Sidewalk (2.0m Width)
4. Topsoil
5. Trees
6. Contingencies
7. Design
8. Contract Administration
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SCHEDULE "B"
Developer-Funded Section of
Stevens Road Extension - Rural Profile
The term "Rural Profile" means the following:
Roads and Storm Sewers
I. Site Preparation
2. Earth Excavation (1m depth)
3. Granular 'A' (150mm)
4. Granular 'B' (450mm)
5. 40mm HL3
6. 80mm HL8
7. Storm Sewer Pipe
8. Catch Basins
9. Catch Basin Leads
10. Storm Sewer Manholes
II. Contingencies
12. Design
13. Contract Administration
Streetscape
1. Decorative Street Lights
2. Topsoil and Sod
3. Contingencies
4. Design
5. Contract Administration
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SCHEDULE "C"
Urban Profile Works Cost Estimate
and
Rural Profile Works Cost Estimate
(Attached)
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I I I , 1 21-Sep-05
MUNICIPALITY OF CLARINGTON
BOWMANVILLE WEST MAIN CENTRAL AREA
-r UNIT COST PER METRE TO CONSTRUCT STEVENS ROAD 9.5m WIDTH URBAN SECTION
item Spec. Description of Item Estimated Unit Unit Price Total
No. No. Quantity
ROADS & STORM SEWERS
1. SITE PREPARATION -- --- w___ $10.00
.
2. o EARTH EXCAVATION (1m depth) 10.90 CU.M. 8.00 $87.20
3, GRANULAR 'A' (150mm) 3.76 T 18.00 $67.72
.
4. GRANULAR 'B' (450mm) 11.87 T 12.00 $142.44
5. o 40mm HL3 1.02 T 65.00 $66.57
6. 80mm HL8 2.05 T 57.00 $116.75
.
7. CURB & GUTTER 2.00 M 45.00 $90.00
8. SUBDRAIN 2.00 M 10.00 $20.00
9. STORM SEWER PIPE . 0.67 M 200.00 $134.00
10. CATCH BASINS 0.03 EA 1800.00 $48.24
11. CATCH BASINS LEADS 0.13 M 125.00 $15.91
12. STORM SEWER MANHOLES 0.02 EA 4000.00 $67.00
TOTAL ROADS & STORM $865.82
USE $900.00
/
Continllencies 10.00% $86.58
Design 7.00% $60.61
Contract Administration 10.00% $86.58
TOTAL ROADS AND STORM $1,099.60
Plus 5% 2006 Cost Estimate $1,160.00
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i I I I 21-Sep-05
MUNICIPALITY OF CLARINGTON
BOWMANVILLE WEST MAIN CENTRAL AREA
STEVENS ROAD STEETSCAPE TREATMENT - TYPE 1 - FULL TREATMENT
I .
Item Spec. Description of Item stimatec Unit '-'nit PriCI Total
No. No. Quantitv
.
STREETSCAPE
1. DECORATIVE STREET LIGHTS 0.03 EA 5000.00 $165.00
2. TREE GUARDS 0.00 EA 400.00 $0.00
3. TREE GRATES 0.00 EA 800.00 $0.00
4. BENCHES 0.00 EA 1200.00 $0.00
5. TRASH RECEPTICALS 0.00 EA 800.00 $0.00
6: BIKE RACKS 0.00 EA 400.00 $0.00
7. SIGNAGE 0.00 L.S. --- $0.00
8. CONCRETE SIDEWALK 2.00 M2 45.00 $90.00
9. PRECAST PAVERS (PEDESTRIAN) 0.00 M2 85.00 $0.00
.
10. PRECAST PAVERS (VEHICULAR) 0.00 M2 95.00 $0.00
11. CONCRETE SIDEWALK (2.0m WIDT 2.00 M2 45.00 $90.00
.
11. TOPSOIL 1.12 M3 20.00 $22.33
12. TREES 0.17 EA 450.00 $74.35
SODDING 5.50 M2 2.50 $13.75
- SUB-TOTAL STREETSCAPE CONSTRUCTION $455.43
-
Contingencies 10.00% $45.54
Desion 7.00% $31.88
Contract Administration 10.00% $45.54
TOTALSTREETSCAPE $578.39
Plus 5% 2006 Cost Estimate $610.00
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MUNICIPALITY OF CLARINGTON
BOWMANVILLE WEST MAIN CENTRAL AREA
1 STEVENS ROAD STEETSCAPE TREATMENT - RURAL ROAD SECTION
Item Spec. Description of Item Estimated Unit Unit Price Total
No. No. Quantity
STREETS CAPE
DECORATIVE STREET LIGHTS 0.03 EA 5000.00 $165.00
TREE GUARDS 0.00 EA 400.00 $0,00
TREE GRATES 0,00 EA 800.00 $0,00
BENCHES 0.00 EA 1200.00 $0.00
TRASH RECEPTICALS 0.00 EA 800.00 $0.00
BIKE RACKS 0.00 EA 400.00 $0,00
SIGNAGE 0,00 L.S. $0,00
CONCRETE SIDEWALK 0.00 M2 45,00 $0,00
PRECAST PAVERS (PEDESTRIAN) 0.00 M2 85.00 $0,00
PRECAST PAVERS (VEHICULAR) 0.00 M2 95.00 $0.00
CONCRETE SIDEWALK (2,Om WIDTH) 0,00 M2 45,00 $0.00
11. TOPSOIL & SOD 10.00 M2 5,00 $50.00
112 TREES 0.00 EA 450.00 $0.00
I SODDING (See Above) 0,00 M2 2.50 $0.00
I SUB-TOTAL STREETSCAPE CONSTRUCTION $215.00
I Contingencies 10.00% $21,50
Design 7.00% $15,05
Contract Administration 10.00% $21.50
I TOTAL STREETSCAPE $273,05
Plus 5% 2006 Cost Estimate $290,00
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West Bowmanville Town Centre
Private Street Cross Section Requirements
SEGMENT "A"
King Street to first East-West driveway
. 20 metre r.o.w. this may be tapered down where the private street
intersects with a public street to the satisfaction of the Director of
Engineering Services
. 10.0 m to 12.0 m curb face to curb face
. hard surface boulevards on both sides
. trees to be planted 8 metre a.c. and setback 1.5 m from curb
. light standards 40 metres a.c. on both sides of the road
SEGMENT "B"
Between East-West driveways
. 20 metre r.o.w.
. 10.0 m to 12.0 m curb face to curb face
. trees to be planted 8 metre a.c. and setback 1.5 m from curb
. light standards 40 metres a.c. on both sides of the road
. west side will include:
i) 2.0 metre wide sidewalk abutting parking spaces
ii) 2.05 metre landscaped boulevard containing street trees and shrubs
. east side will include:
i) 4.05 m wide landscape boulevard containing street trees and
enhanced landscaping providing screening of parking areas.
SEGMENT "c"
Second East-West driveway to Stevens Road
. 20 metre r.o.w.
. 10.0 m to 12.0 m curb face to curb face
. combination of hard surface and landscaped boulevards on both sides as
approved by the Director of Planning and the Director or Engineering.
. trees to be planted 8 metre a.c. and setback 1.5 m from curb except in
paved area providing access to the loading and service areas
. light standards 40 metres a.c. on both sides of the road
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SCHEDULE "G"
Terms and Conditions of Al!I"eement of Purchase
and Sale of Private Roads
Without derogating from paragraph 7 of these Principles, the Agreement of Purchase and
Sale arising from the exercise of the Option shall contain the following terms and conditions:
I. Taxes and rent shall be apportioned between the parties and allowed to the Completion
Date, as same may be extended pursuant to the terms of this Schedule.
2. The Municipality shall be permitted until the Completion Date, as same may be extended
pursuant to the terms of this Schedule, to search title to Private Road C. Title to the
Private Road C shall be free and clear from all restrictions, charges, liens and
encumbrances except as specifically provided for in these Principles and save and except
for:
(a) any registered municipal agreements and registered agreements with publicly
regulated utilities, providing such have been complied with or security has been
posted to ensure compliance and completion, as evidenced by a letter from the
relevant municipality or regulated utility; and
(b) any minor easements for the supply of domestic utility or telephone services to
the property or adj acent property,
(collectively, "Permitted Encumbrances").
3. If, within the time provided, any valid objection to title is made in writing to the Vendor
or the Vendor's solicitor and which the Owner is unable to remove, remedy or satisfy by
the Completion Date and which the Municipality will not waive, then the Municipality, at
its option, from time to time, may extend the Completion Date, by giving notice in
writing to the Vendor or the Vendor's solicitor setting forth such extended Completion
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2
Date, provided that the last of such extended Completion Dates is not more than ninety
(90) days following the original Completion Date. Until the extended Completion
Date(s), the Vendor shall seek to resolve or satisfy all such objections to title in good
faith and diligently. Save as to any valid objection so made and, except for any objection
going to the root of title, the Municipality shall be conclusively deemed to have accepted
the Vendor's title to Private Road C.
4.
If the Vendor has been unable to remove, remedy or satisfy any valid objection to title by
the completion Date, and as same may have been extended pursuant to the terms of this
Schedule, then the Municipality, at its option, may deliver a Notice of Expropriation
pursuant to the Expropriations Act, and the Vendor agrees not to dispute such Notice of
Expropriation. The Municipality may thereafter register a Plan of Expropriation and the
Vendor agrees that, notwithstanding the date of registration of such Plan of
Expropriation, the compensation payable to the Vendor and any encumbrances shall be a
nominal consideration.
5.
The Option shall run with and bind the title to Private Road C and shall be binding upon
the Vendor's successors and assigns.
6.
No reference to or exercise of any specific right or remedy by the Municipality shall
prejudice or preclude it from any other remedy in respect thereof, whether allowed at law
or in equity or expressly provided in these Principles. No such remedy shall be exclusive
or dependent upon any other such remedy but the Municipality may, from time to time,
exercise anyone or more such remedies independently or in combination.
7.
On the Completion Date, the Municipality shall be paid the amount, if any, which shall
be necessary for the Municipality to pay to the Receiver General for Canada in order to
satisfy the Municipality's liability in respect of tax payable by the Owner under the non-
residency provisions of the Income Tax Act by reasons of the exercise of the Option. The
Municipality shall not claim such credit if the Vendor delivers, on the Completion Date,
the prescribed Certificate or a Statutory Declaration that the Vendor is not then a non-
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8.
9.
3
resident of Canada. The Vendor shall also deliver on the Completion Date to the
Municipality evidence of compliance of the transaction with the Family Law Act, as
amended or repealed and replaced from time to time.
The Transfer/Deed, save for the Land Transfer Tax Affidavit, shall be prepared III
registrable form at the expense of the Vendor.
Time shall, in all respects, be of the essence hereof, provided that the time for doing or
completing any matter provided for herein may be extended or abridged by an agreement
in writing signed by the Municipality and the Owner or by their respective solicitors who
are expressly appointed in this regard.
10.
Private Road C shall be and remain until completion at the risk of the Vendor.
11.
The Option and the completion of this transaction shall be governed by the laws of the
Province of Ontario.
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THIS INDEMNITY AGREEMENT made as ofthe 1 st day of March, 2006.
BETWEEN:
PLAYERS BUSINESS PARK LTD. and
(hereinafter called "Players")
WEST DIAMOND PROPERTIES INC.
(hereinafter called "West Diamond")
(Collectively hereafter called "Players-West Diamond")
OF THE FIRST PART
- and -
HALLOWAY HOLDINGS LIMITED
(hereinafter called "Halloway")
OF THE SECOND PART
- and-
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(hereinafter called the "Municipality")
OF THE THIRD PART
WHEREAS:
A. At its meeting on March 1,2006, the Municipality's Council adopted or passed Official
Plan Amendment 43 ("OPA 43"), Official Plan Amendment 44 ("OPA 44"), Zoning By-law
Amendment 2006-046 and Zoning By-law Amendment 2006-047 as they apply to certain lands
owned by Players-West Diamond and Halloway, respectively ("Planning Documents"). On the
same date, the Municipality entered into Principles of Understanding with Players, West
Diamond and 1613881 ("Players-West Diamond Principles") and Principles of Understanding
with Halloway ("Halloway Principles"). As well, on the same date the Municipality, Players-
West Diamond and Halloway entered into the Stevens Road Extension Agreement; and
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B. The Municipality's Council passed By-law 2006-052 to authorize the Mayor and
Municipal Clerk to execute this Indemnity Agreement on behalf of the Municipality,
NOW THEREFORE in consideration of the premises herein contained and the sum of
TWO DOLLARS ($2.00) and other good and valuable consideration (the receipt whereof by
each of the Parties is hereby acknowledged) each of the Parties covenants and agrees with the
other Parties as follows:
Co-operation with the Municipality
1. If the Municipality's Council adopts or enacts proposed OPA 43, OPA 44 and Zoning
By-law Amendments 2006-046 and 2006-047 as they apply to the Owners' Commercial
Lands (as defined in the Players- West Diamond Principles) ("Players- West Diamond
Planning Documents") and to the Owner's Commercial Lands (as defined in the
Halloway Principles) ("Halloway Planning Documents") and any appeal is made to the
Ontario Municipal Board in respect of either of these Planning Documents, Players-West
Diamond, Halloway and the Municipality will cooperate to achieve the "Final Approval"
(as defined in the Players-West Diamond Principles and the Halloway Principles,
respectively) of the Players-West Diamond Planning Documents and the Halloway
Planning Documents. Players-West Diamond, Halloway and the Municipality will use
every reasonable effort to avoid the necessity of a hearing and to ensure the efficient
conduct of the hearing if one is required. Also, Players-West Diamond, Halloway and
the Municipality will work together to coordinate their respective cases so as to
streamline the hearing to avoid duplication and to minimize costs.
Costs Where There are Appeals
2.
(a)
In satisfaction of the Municipality's policy regarding costs, Players-West
Diamond and Halloway will pay to the Municipality the Municipality's
reasonable legal and consulting costs for any Ontario Municipal Board or Court
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proceedings arising from any appeal of any of the Planning Documents in order
to achieve their Final Approval. Players-West Diamond will be responsible only
for that portion of the costs of any appeal(s) of the Players-West Diamond
Planning Documents in order to achieve Final Approval of the Players-West
Diamond Planning Documents. These costs shall be those which are determined
by the Mnnicipality's Director of Planning Services, acting reasonably, to be
reasonable attributable to the Ontario Municipal Board and/or Court appeal(s) of
the Players-West Diamond Planning Documents. Halloway will be responsible
only for that portion of the costs of an appeal(s) of the Halloway Planning
Documents in order to achieve Final Approval of the Halloway Planning
Documents. These costs shall also be those which are determined by the
Municipality's Director of Planning Services, acting reasonably, to be reasonably
attributable to the Ontario Municipal Board or Court appeals of the Halloway
Planning Documents.
(b) The costs that are determined by the aforesaid Director to be the costs that should
be borne by Players- West Diamond and Halloway jointly will be paid by Players-
West Diamond and Halloway to the Municipality in the following proportions:
Players-West Diamond 65% and Halloway 35%.
(c) Costs referred to in paragraphs 2(a) and 2(b) will be paid by Players-West
Diamond and Halloway, respectively to the Municipality within 30 days after a
written invoice is given by the Municipality to them or either of them, as the case
may be. Such supporting material that the aforesaid Director, acting reasonably,
considers to be necessary shall be given to either or both Players-West Diamond
and Halloway, as the case may be, with each invoice. Invoices shall be supported
by copies of invoices rendered to the Municipality by its solicitor and by its
consultants. Invoices are to be rendered by the Municipality monthly, ifpossible.
3.
Notwithstanding the foregoing provisions of paragraph 2, if any appeals to the Ontario
Municipal Board or Court proceedings arising therefrom is brought only in respect of the
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Players-West Diamond Planning Documents, Players-West Diamond shall pay the
Municipality 100% of the Municipality's reasonable legal and consulting costs. If any
appeal to the Ontario Municipal Board or Court proceedings resulting therefrom is
brought only in respect of the Halloway Planning Documents, Halloway shall pay the
Municipality 100% of the Municipality's reasonable legal and consulting costs. In each
case, the Municipality's Director of Planning Services, acting reasonably, shall make the
determinations necessary to implement the intent of this paragraph 3. The provisions of
paragraph 2( c) respecting invoices and payments shall apply with all necessary
amendments to implement the intent of this paragraph 3 being considered to have been
made.
Costs of Preparinl! and Rel!isterinl! on Title
Principles ofUnderstandinl! and Other Al!reements
4. Players-West Diamond will indemnify the Municipality against 50% of the reasonable
legal and consulting costs and disbursements incurred by it in preparing and registering
on title the Principles of Understanding between Players-West Diamond, 1613881
Ontario Inc. and the Municipality and between Halloway Holdings Limited and the
Municipality made as of March 1, 2006, and 100% of the reasonable costs of preliminary
site plan review including traffic, engineering, design and legal costs resulting in the
approval of the Concept Plan for Development provided for in the Players-West
Diamond Principles. They will also indemnify the Municipality against 50% of the
reasonable legal and consulting costs and disbursements incurred by the Municipality in
preparing the Stevens Road Extension Agreement between Players-West Diamond,
Halloway and the Municipality and this Agreement.
5. Halloway will indemnify the Municipality against 50% of the reasonable legal and
consulting costs and disbursements incurred by it in preparing and registering on title the
Principles of Understanding between Halloway and the Municipality and between
Players-West Diamond, 1613881 and the Municipality made as of March 1, 2006, and
100% of the reasonable costs of preliminary site plan review including traffic,rengineering, design and legal costs resulting in the approval of the Concept Plan for
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6.
Notice
7.
5
Development as provided in the Halloway Principles. It will also indemnify the
Municipality against 50% of the reasonable legal and consulting costs and disbursements
incurred by the Municipality in preparing the Stevens Road Extension Agreement
between Players-West Diamond, Halloway and the Municipality and this Agreement.
The payment of costs referred to in paragraphs 4 and 5 will be made within thirty (30)
days from the date the Municipality gives written notice requiring payment to Players-
West Diamond and Halloway, respectively.
If any notice or other document is required to be or may be given by the Municipality or
by any official of the Municipality to the Owners by this Agreement, or by an Owner to
the Municipality, such notice shall be transmitted by telefax, mailed by first class prepaid
post or delivered to:
The Owners:
Players-West Diamond:
c/o West Diamond Properties Inc.
30 Floral Parkway
Concord, ON L4K 4RI
Attention: Mr. Robert DeGasperis
and:
c/o Players Business Park Ltd.
1700 Langstaff Road
Suite 2003
Concord, ON L4K 3S3
Attention: Mr. Bruce Fischer
and:
Halloway:
Halloway Holdings Ltd.
177 Nonquon Road
20th Floor
Oshawa, ON LlG 3S2
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OR,
To the Municipality:
The Municipality of Clarington
40 Temperance Street
Bowmanville, ON LlC 3A6
Attention: Director of Planning Services
Fax: 905-623-0830
or such other telefax number or address of which either party has notified the other party
in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and
sufficient notice under the terms of this Agreement and iftelefaxed or delivered prior to
4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays)
shall be deemed to have been received at the time of delivery or transmission and if
mailed by pre-paid registered mail, it shall be deemed to have been received on the third
business day (excluding Saturdays, Sundays and statutory holidays) following the
mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably
anticipated that due to Force Majeure any notice will not be received within the time limit
set out above, then such notice shall be sent by an alternate means of transportation which
may reasonably be anticipated will cause the notice to be received reasonably
expeditiously by the addressee.
Authoritv of Municipalitv
8. Players, West Diamond and Halloway acknowledge and agree that the Municipality has
authority to enter into this Agreement, that every provision hereof is authorized by the
law and fully enforceable by the parties, and that this Agreement is executed by the
Municipality in reliance on the acknowledgement and agreement of Players, West
Diamond and Halloway as aforesaid.
Time of the Essence
9. Time is of the essence of this Agreement.
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IN WITNESS WHEREOF the Parties hereto have hereunto have set their hands and
seals the day and year first above written and the Parties hereto have hereunto affixed their
corporate seals by the hands of their proper officers duly authorized in that behalf.
SIGNED, SEALED AND
DELIVERED
In the presence of:
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THE CORPORATION OF THE
MUNICIPALITY LARINGTON
WEST DIAMON
ERTIES INC.
Name:
Name:
Title:
Title:
PLAYERS BU
PARK LTD.
Name: Title:
Name: Title:
BALLO AY HOLDING;irrD. (/ M I T5 (}......lf1i'
Title:
Title:
Name:
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SCHEDULE "J"
Insert copy of letter from
Brent Clarkson dated July 13. 200S
Referred to in paral!l1lph 9
111
MHBC
!.:,'.:lli!.." ,111,1 ("dl'HI /'ll<unill,<:
\"/:'<<'I'IIl,(/I,.tdll}'''ri'1I1
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I' (90S) 761.,588
: (905) 76L5589
011 hee': 1 (800) 813.9204
~.mhbcplan.ct)m
In F. M,,,N.llghton
MA, KIP, RPP
lerJI.1Td P. Hl~rmsell
ES, MCIP, RPP
fu.l R, Britton
ES, MClP, RPP
W.B:'t:t}ICI,lrk$()ll
irA, MCIP, RPP
-'1't'It!sn.ParkI1l
BES, MeIP, RPP
InroJ M. Wieb~
ES
li~MCnZieS
E.S, MC1P RPP
I.ffict:.~ in:
~tchcnt'r
. V;:l~lghim
london
inS.5TOn
ilITle
I'Y' '[own and ~u,.1 Planoiog
M1,l.nh;ipal Phll1.s and Studie~
Ind Dcvdopmen'
Urhan Design I
[mmunity rl:lnnil'lg
d:scapc Architectl.lr~
IHllr<.ll Ht'sourcc:
d A~rcgs.tc Planning
fuqJ1.."rt Evidence
Id Mtdiation
'Ojcct Mant1?,cmcnt
I
13 July 2005
Mayor John Mutton
Municipality of Clacington
40 Temperance Street
BOWMANVILLE, Ontario
L1 C 3A6
Sent by fax and courier
Dear Sir:
RE: PROPOSED BOWMANVILLE HOME DEPOT, CLARINGTON
BOULEVARD, BOWMANVILLE, OUR FILE 9316CK
Mr. Crome has asked me to clarify the commitment r made on behalf of Home
Depot at the Committee meeting offune 13 and has further asked if there are any
additional measures which Home Depot might be prepared to implement to
bring the proposal even closer to the draft urban'design policies. Please accept
this correspondence in response to Mr. Crome's email inquiry which is attached
for your easy reference. The numbers in the subheadings below relate to the
numbered questions posed by Mr. Crome,
L Leeds Certification
As indicated on June 13, Home Depot, subject 10 obtaining all approvals, is
prepared to construct its building so that it can be LEEDS certified. The "basic"
level of certification is proposed. Home Depot has retained Mark Opresnik. Bep
Technologies Ltd as a LEEDS Accredited Professional to assist in obtaining the
certification,
The following is a list ;If LemS which Home Depot intends to implement to
obtain the LEEDS certific~tion:
. Implementation of an erosion and sedimentation control plan;
. Encouragement of employees to carpool;
. Installation of water efficient plumbing fixtures with the objective of reducing
water use by 20%;
· Systems Commissioning: ensuring that systems are designed, installed and
calibrated to operate as intended; also, installation of energy management
system for light fixtures and HV AC equipment;
· Measurement and Verification: Providing for the ongoing accountability and
optimization of building energy and water consumption performance over
time.
· Construction Waste Management: Divert construction, demolition and land
clearing debris from landfill disposal; Redirect recyclable resources back to
the manufacturing process and redirect re-useable materials to appropriate
sites;
. Recycled Content: Encouragement of contractor and subtrades to use
recycled material including recycled content in steel, concrete (fly ash),
window frames, etc;
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. Local/Regional Materials, 20% Manufactured Locally: secure materials and products from
local sources to support local economy and reduce transportation and energy costs;
. Low-emitting Materials, Carpet: use oflow-emitting carpet in appropriate areas of store;
. Pedi-Mats: installation of foot grills at the entrances to keep contaminants out of the
buiiding;
. Recycling: provision of recycling receptacles;
. Cardboard Recycling: installation of cardboard baler In the receiving area so that all
cardboard is recycled;
. TS Fluorescent Lighting: used in sales area to reduce energy l;onsumption. Home Depot
rel;ently won recognition from BC Hydro for this initiative;
. Glazing: installation of high efficiency glazing systems using low-E glass and argon glass;
. Storm water management: controlled flow water release system on building roof;
. Bike racks: installation for employees and customers;
. Skylights: provided in the interior of the Garden Centre to allow daylighting
. No Smoking policy: Home Depot has a no smoking policy inside its buildings.
implementation of these LEEDS items is estimated to cost $270,000.
2, Brick and Stone Pre-Cast Panels
,
It is proposed that brick and stone precast panels be installed rather than Home Depot's prototype
white aggregate prel;ast panels. As indicated in my presentation on Tune i3, the brick and stone precast
panels will be installed around the entire building except for the proposed garden centre which will be a
combination of brick and stone precast together with decorative fencing.
I have requested that coloured elevations be available for my presentation to Council on Friday which
will illustrate this proposal.
It is estimated that the additional cost for the brick and stone precast panels is $100,000.
3. Qili.er Architectural Enhancements Proposed on T1p1e 13
As ind~eated on June J 3, the following changes to the proposed s o'e plan to address Clarington's urban
design objectives were offered:
. Shift of the garden centre to the east side of the site;
. Enhanced landscaping along the Clarington Blvd. frontage;
· Elimination of the east and north driveways around the building;
· Shift the building to the north and east so that it frames the street;
. Eliminate the rear lumber loading door;
· Shift the receiving area away from the garden centre; and
· Installation of a central walkway within the parking area.
In terms of other architectural enhancements proposed, I indicated that Home Depot was prepared to
do the following:
· "Architectural end feature framing the tool rental centre entrance;
· Architectural end feature at the northwest corner of the building;
· lnstallatio"n of 4 inch reveais to provide articulation to provide shadows;
· Installation of cornice trim around the building;
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~UL-~~-~~~~ u~.~w
,It............ I Ln''!''!!l'!.....
. Substantially different design of the main vestibule to add height and articulation to provide
more prominence at the front of the store;
. Installation of a substantial roof element at the front entrance as opposed to the standard
pre-cast peak;
. Installation of precast screen around the garden centre; and
. installation of brick and stone precast panels as described above.
4. Additional Landscaping Proposed on Tune 13
Prior to my presentation on June 13 I had provided staff and members of Council with photographs of
other Home Depot stores. Several parties ex.pressed a liking for the example where the garden centre
was nex.t to the street. but commented further that. in addition to deciduous plantings, it would be
appropriate to consider additional coniferous plantings. During my presentation of June 13 I indicated
that Home Depot was prepared to "beef up" the landscaping to implement this suggestion.
See below for a further discussion on landscaping.
5. 6. 7. and 8. Additional Changes. Rear Side of Store. Garden Centre. and Masonry Feature
Home Depot has given further consideration to the Municipality's proposed urban design policies and
is prepared to implement the following additional design changes:
. an additional roof peak over the garden centre at the north east corner;
. two additional roof peaks along the rear elevation;
. one additional roof peak along the front elevation;
. continuous canopy connecting the front vestibule and the lumber canopy;
. installation of spandrel glass doors (4) along the rear elevation;
. installation of spandrel glass sections (3) along the rear elevation;
. installation of a masonry/fence feature along a portion of the Clarington Blvd. frontage
where parking is near the street;
. installation of trees at 9 metre centre, rather than the IOta 12 metre centres originally
proposed; and
· installation of parking island trees in acc"rdance with draft urban design policies
Unfortunately the drawings illustrating these changes will not be available until late Thursday night, so
I will present them to you at the special Council Meeting scheduled for Friday at 10:30.
We have now had an opportunity to cost out the changes Home Depot is prepared to implement. The
total cost of the June 13 suggestions together with these additional suggestions, not including the cost
of the upgraded precast panels. is $813,500.
The total commitment for upgrades. including the LEEDS certification, the brick and stone precast
panels and the other upgrades is $1.183,500.00. .
9. Option to Purchase Private North South Road
Mr. Crome asked if Home Depot was prepared to provide an offer to purchase the private north south
road connecting Highway 2 and the new Concession Road. Home Depot believes that this would
create additional operational and zoning difficulties. particularly related to the loading area. As d
result. Home Depot is not prepared to provide such an offer at this time.
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We understand that the "offer to purchase" was suggested to allow the creation of a new public road at
some point in the future in the event the site were ever re-developed. If this is the case, Home Depot is
prepared to have a clause in its site plan agreement indicating that if the site is ever redeveloped for
some other purpose that consideration be given to selling the lands necessary for a public road at that
time, at fair market value.
Municipal Consideration
Home Depot is making these commitments on a without prejudice basis on the understanding that the
Municipality of Clarington:
1) Adopts Official Plan Amendment 44 and the implementing zoning by-law on July 15, 2005,
including the revisions requested by Mr. Bryce Jordan, Sernas Associates (Memorandums of
July 8, 2005 and July II, 200S) as they pertain the Halloway/Home Depot site.
2) Modifies Sections 6 and 8 of the Council Resolution of June 27, 2005 to accommodate the
combined Halloway/Home Depot proposal deleting the need for Uptown Avenue to cross
through the Halloway site and permitting the Home Depot to be located in the north east
corner of the property.
3) Permits Home Depot to have limited outdoor display areas provided that there is no outdoor
storage of building or landscaping materials; and .
4) Approves a site plan in substantial compliance with the site plan presented to Council on July
15,2005 (a reduced copy,is attached hereto).
Thank you for your consideration and r look forward to discussing these matters with you and
members of Council more fully at the meeting of July 15, 2005.
Sincerely,
MHBC PLANNING
tu~.
W. 6RENT CLARKSON, MA, MCIP, RPP
Copy: Dennis Heffernon, David Crome, Sylvain Rivet, Blair Apple, John Chow, Lyn Townsend,
Bob Hann, Bryce Jordan
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SCHEDULE "L"
Map showinl! Street C and Uptown Extension
as Public Streets
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