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HomeMy WebLinkAboutPSD-027-06 CJ!1[.pn REPORT PLANNING SERVICES Meeting: SPECIAL COUNCIL Date: Wednesday, March 1, 2006 Report #: PSD-027-06 File #:COPA 2000-003, COPA 2002-002, By-law #: 2006-044 to COPA 2002-009,COPA 2004-007, 2006-052 COPA 2005-005, COPA 2005-006, inclusive ROPA 2004-006, ZBA 2000-020, ZBA 2002-004, ZBA 2002-025, ZBA 2003-043, ZBA 2004-055, ZBA 2005-021, PLN 38.4, PLN 38.4.1, PLN 38.4.2 Subject: COMMERCIAL POLICY REVIEW BOWMANVILLE WEST MAIN CENTRAL AREA SECONDARY PLAN REVIEW AMENDMENTS 43 AND 44 TO THE CLARINGTON OFFICIAL PLAN AND RELATED AMENDMENTS TO THE ZONING BY-LAW AND RELATED APPLICATIONS BY: 1) WEST DIAMOND PROPERTIES INC. I PLAYERS BUSINESS PARK LTD 2) HALLOWAY HOLDINGS LIMITED 3) AYT CORPORATION 4) LOBLAW PROPERTIES LTD. RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT the Commercial Policy Review - Final Report by Meridian Planning Consultants, the Addendum Market Analysis and the Bowmanville West Main Central Area Secondary Plan Review Report by Meridian Planning Consultants and Brook Mcilroy, and Staff Report PSD-027 -06 be received; 2. THAT Council resolves that a further public meeting on Official Plan Amendment 43 and 44 is not necessary; 3. THAT Official Plan Amendment 43 to the Clarington Official Plan as contained in Attachment 8 to Report PSD-027 -06 BE ADOPTED and that the necessary by-law be passed; CORPORATION OF THE MUNICIPALITY OF CLARJNGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-Q27-Q6 PAGE 2 4. THAT Official Plan Amendment 44 to the Clarington Official Plan as contained in Attachment 9 to Report PSD-027 -06 BE ADOPTED and that the necessary by-law be passed; 5. THAT the by-laws to amend Comprehensive Zoning By-law 84-63 contained in Attachments 10, 11, and 12 to implement portions of Official Plan Amendment Nos. 43 and 44 BE PASSED; 6. THAT Council resolve that the Concept Plan for Development contained in Attachment 2 prepared by Stantec Consulting Ltd. entitled "Proposed Metrus Commercial Development" and the elevation drawings of the proposed Wal-Mart store prepared by Petroff Partnership Architects, dated July 14, 2005 contained in Attachment 3 and the proposed Loblaws Superstore prepared by Turner Fleischer Architects Inc., dated revised July 12, 2005, contained in Attachment 4, be endorsed in principle subject to the submission and review of detailed plans and drawings under Section 41 of the Planning Act; 7 . THAT Council resolve that the Concept Plan for Development contained in Attachment 5 prepared by Sernas Assocaites and Turner Fleischer Architects Inc. dated January 2006 and the elevation drawings of the proposed Home Depot store prepared by Turner Fleischer Architects Inc. dated revised January 3, 2006 contained in Attachment 6 be endorsed in principle subject to the submission and review of detailed plans and drawings under Section 41 of the Planning Act; 8. THAT the applications to amend the Clarington Official Plan (File No. COPA 2002-009) and to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-026) as submitted by Halloway Holdings Limited BE APPROVED to the extent that they are consistent with Amendments 43 and 44 and the related zoning by-laws contained in Report PSD-027 -06; 9. THAT the application to amend the Clarington Official Plan (File No. COPA 2002-002) and amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2002-004) as submitted by West Diamond Properties Inc. and Players Business Park Limited BE APPROVED to the extent that they are consistent with Amendments 43 and 44 and the related zoning by-laws contained in Report PSD-027 -06; 10. THAT the applications submitted by Loblaw Properties Ltd. to amend the Clarington Official Plan (File No. COPA 2000-003) and to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2000-020) to expand the Clarington Centre to permit an additional 37,200 sq. ft. expansion to the existing supermarket BE REFUSED; 11. THAT the application submitted by Loblaw Properties Ltd. to amend the Municipality's Zoning By-law 84-63 (File No. ZBA 2003-043) BE APPROVED to the extent that it is consistent with the zoning by-laws to delete the requirement for a supermarket in the Clarington Centre contained in Report PSD-027 -06; REPORT NO.: PSD-027-Q6 PAGE 3 12. THAT the applications submitted on behalf of AYT Corporation to amend the Clarington Official Plan (COPA 2004-007) and to amend the Municipality's Zoning By-law 84-63 (ZBA 2004-055) to permit a large-format retail complex with approximately 54,215 sq. m. of total gross floor area at the northwest corner of Highway 401 and Bennett Road BE R'EFUSED; 13. THAT the Region of Durham be advised that the Municipality of Clarington does not support the approval of the application submitted on behalf of A YT Corporation to amend the Durham Regional Official Plan (ROPA 2004-006); 14. THAT by-laws be passed to authorize the Mayor and Clerk to execute the Principles of Understanding between the Municipality, Players Business Park Ltd. and West Diamond Properties Inc. and 1613881 Ontario Inc., the Principles of Understanding between the Municipality and Halloway Holdings Limited, the Stevens Road Extension Agreement between the Municipality, Players Business Park Ltd., West Diamond Properties Inc. and Halloway Holdings Limited and the Indemnity Agreement between the parties just mentioned substantially in the form of the Principles of Understanding and Agreements contained in Appendices 10 to 13 inclusive; 15. THAT Planning Staff be authorized to include in its 2007 work program a community improvement plan study for Newcastle Village Centre; 16. THAT staff be authorized to bring a report forward to Council to implement provisions of the Principles of Understanding between the Municipality and Halloway Holdings Limited related to the Site Plan Agreement and Servicing Agreement referred to in Section 11 of this report; and 17 . THAT notice of Council's decision be forwarded to the Region of Durham and all persons or bodies who requested notification of this decision. Submitted by: D id . rome, M.C.I.P., R.P.P. Director of Planning Services Reviewed b~- /~_..Q ~-{~1. Franklin Wu, Chief Administrative Officer DJC*sn*df 24 February 2006 REPORT NO.: PSD-027-Q6 PAGE 4 EXECUTIVE SUMMARY The population projections for Clarington anticipates an increase from about 70,000 in 2001 to 91,000 by 2010, an increase of 21,000 people or 30% in just 10 years. It is anticipated that Clarington will reach the 100,000 mark by 2016. People are attracted to Clarington because of the small town and rural character, affordable prices, and the area's natural attributes, all of this within the largest urban metropolitan area in Canada. This additional growth represents both challenges and opportunities for the Municipality in responding to growth pressures. However creating a sense of community goes beyond the provision of municipal services. Residents need a place to shop and work. Additional retail service facilities will complement the first class recreational amenities that have been built and proposed in our community. Population growth in Clarington has not been unnoticed by the development industry. Within recent years, we have received proposals to build additional retail space to serve Clarington's growing population. In this context Council decided to review the Municipality's commercial policies. The Commercial Policy Review included detailed market, land use, transportation, urban design and impact analysis. In particular, Council wanted to ensure the viability of Clarington's historic downtowns and extensive public participation. The Commercial Policy Review started in 2004 and included two major phases. First, the Commercial Policy Review studied the whole Municipality to determine growth patterns and any additional demand for commercial space that would be warranted by existing and future population to the year 2010 and the appropriate locations for that growth. Revisions to the Municipality's Official Plan were recommended. The second phase involved a detailed review of the Secondary Plan for the Bowmanville West Town Centre, the preferred location of most new retail growth. During the process, Municipal staff and the consultants retained by the Municipality held open houses, workshops, and special meetings with the Business Improvement Areas' Board of Management. All the market analysis information and updates were shared with these groups. Valuable information was gathered through the public participation process and is reflected in the recommendation of this report. The market analysts retained by the Municipality support the addition of approximately 500,000 sq. ft. of new retail space plus additional service space in the Bowmanville West Central Area. Population growth and recapture of expenditures are the basis for this conclusion. It is important to highlight that Clarington residents expend more than $250 million in retail purchases outside the community. REPORT NO.: PSD-Q27-Q6 PAGE 5 In addition, the land use planners that were also retained by the Municipality recommended that the existing commercial planned structure of the community be maintained with an expansion of the Bowmanville West Town Centre and not to open up new areas for commercial development. Another key conclusion was the need to integrate land use planning, urban design and transportation to guarantee that the any new development would enhance the community's image by requiring high-quality building and an efficient transportation system. As a result, the existing Secondary plan for the West Main Central Area has been reviewed and amended to incorporate the principle of integrating land use, urban design, and transportation. To implement the results of the Commercial Policy Review and accommodate the recommended additional commercial space by the year 2010, staff recommends the following: · Adoption of Amendments 43 and 44 to Clarington Official Plan. Amendment 43 largely implements the Commercial Policy Review recommendations; it works in tandem with Amendment 44, which specifically implements the recommendations for the Bowmanville West Town Centre. · Adoption of amendments to the Zoning By-law. · The approval of the Official Plan Amendment applications and the Zoning By-law amendment applications, to the extent that they are consistent with the above instruments, submitted by: o West Diamond Properties Inc./Players Business Park Limited for 370,000 sq. ft. with Wal-Mart and Loblaws Canadian Superstore as anchor tenants. o Halloway Holdings Limited for 188,000 sq. ft. with Home Depot as the anchor tenant. o Loblaw Properties to remove the requirement to construct a supermarket in Clarington Centre. · The approval of the Principles of Understanding and the agreements to help implement the Official Plan policies and address municipal requirements. · The refusal of the applications for amendments to the Clarington Official and Zoning-bylaw submitted by: o Loblaw Properties to expand the Clarington Centre. o AYT Corporation for a large-format retail complex at Bennett Road. These recommendations reflect the findings of the Commercial Policy Review, respect the integrity of the planned structure of commercial centres, help protect the historic downtowns, and ensure a high quality of urban design and development. With the approval of these recommendations, Council will be taking action to reduce the leakage of retail dollars from our community, while at the same time providing additional job opportunities for our residents. More importantly, Council will be providing residents with the shopping amenities that Clarington residents expect and deserve. REPORT NO.: PSD-027-Q6 PAGE 6 1.0 INTRODUCTION 1 .1 The Commercial Policy Review is the first component of the review of the Clarington Official Plan. It was initiated in response to development applications in the Bowmanville West Main Central Area, which could not be considered without a "comprehensive review of the Official Plan". 1.2 The Commercial Policy Review (CPR) provided for a second phase of study, which was linked to consideration of private development applications in the Bowmanville West Main Central Area and the adjacent lands designated Highway Commercial and Special Policy Area H. This second phase of work reviewed the existing Bowmanville West Main Central Area (BWMCA) Secondary Plan and provided recommendations to update the Secondary Plan. 1.3 The Municipality retained the firms of Meridian Planning Consulting Ltd, urbanMetrics Inc., Brook Mcilroy Ltd. and Totten Sims Hubicki to undertake the work in consultation with a staff team, collectively referred to as the Study Team. 1.4 Key milestones in the Study were as follows: August20th,2004 Completion of background surveys and f100rspace inventory for market analysis. December 17th, 2004 Completion of Retail Market and Impact Analysis and the Draft Final Commercial Policy Review Study. January 10th, 2005 Report to Committee and Council on the Draft Final Commercial Policy Review Study. January 13th, 2005 Open House on Commercial Policy Review April 20th, 2005 Urban design presentation and workshop for the Bowmanville West Town Centre. May 9th, 2005 Addendum Market Analysis prepared to examine market issues for the A YT proposal and multiple home improvement stores. May 30th, 2005 Final Commercial Policy Review Study and BWMCA Secondary Plan Study reports completed. June 15th, 2005 Public Meeting on Proposed Amendments 43 and 44 Report on A YT Application. June 28th, 2005 ' Public Meeting on Proposed Zoning Changes for General Provisions and certain lands in the Bowmanville West Town Centre. July 15th, 2005 Special Council meeting to consider Commercial Policy Review, Bowmanville West Town Centre Secondary Plan and related amendments to planning documents and applications. July 2005 - Feb. 2006 Staff negotiations with the proponents, their anchor stores and BIAs. REPORT NO.: PSO-Q27-Q6 PAGE 7 1.5 Public participation has been an important part of the Study process and is discussed more fully in Section 6.0. Feedback from stakeholders was provided along the way for both the Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review. 1.6 There are five related development applications for commercial development under consideration as shown on the following table. More information on the applications is contained in Section 2 of this report MAJOR COMMERCIAL DEVELOPMENT APPLICATIONS Applicant Application Type Tenants West Diamond Properties Inc. & Clarington Official Plan Loblaws ..................178,000 sq. ft. Players Business Park Limited Amendment Wal-Mart ................151.135 sq. ft. Zoning By-law Amendment Ancillary Retail.........40.865 SQ. ft. Total.......................370,OOO SQ. ft. Halloway Holdings Limited Clarington Official Plan Home Depot.............98,600 sq. ft. Amendment Medium-Format Zoning By-law Amendment Retail........................51.000 sq. ft. Site Plan Approval Ancillary Retail.........38.400 SQ. ft. Total.......................188.000 SQ. ft. Loblaw Properties Limited Clarington Official Plan A 37,700 sq. ft. expansion to Amendment existing Loblaws supermarket. Zoning By-law Amendment Site Plan Approval Loblaw Properties Limited Zoning By-law Amendment Re-tenanting of existing 50,400 sq. ft. Loblaws space if supermarket is relocated to West Diamond site. A YT Corporation Durham Region Official Plan Home Improvement .80,000 sq. ft. Amendment WarehOuse Clarington Official Plan Membership Club... 145,000 sq. ft. Amendment Other Retail............225,OOO sq. ft. Zoning By-law Amendment Restaurants..............35,OOO sq. ft. Hotel and Convention Centre...98.600 SQ. ft. Total.......................583.600 SQ. ft. 1.7 The most fundamental recommendation of the consultant for the Bowmanville West Main Central Area was that market, transportation, land use and urban design issues must be integrated and considered comprehensively. As a result, following the presentation of the draft amendments to the Official Plan and Zoning By-law in June 2005, there were negotiations with the development proponents regarding the integration of these issues in the context of the approval of the statutory planning instruments and related agreements. At this time, the three large-format stores participated in discussions with the Municipality and/or developed improved elevations that more closely met the urban design objectives of the Study Team. REPORT NO.: PSD.027-Q6 PAGE 8 1.8 On July 15th, 2005 Council received an interim report on the completion of the Study and the negotiations with the two primary development interests in the Bowmanville WMCA. At that meeting, Council also dealt with elements of the Halloway application that did not conform with the basic directions of the staff recommended Secondary Plan for the Bowmanville West Town Centre as follows: · Council resolved to permit the Home Depot store in the West Town Centre in the proponent's location along Clarington Boulevard. · Council resolved to abandon Uptown Avenue and to utilize the unopened road allowance between Concession 1 and 2, now referred to as the Stevens Road extension as a temporary collector road until BrookhiIJ Boulevard is constructed from Regional Road 57 to Boswell Avenue. 1.9 Council adopted the following motion at the July 15th meeting: Resolution #C-358-05 THA T Addendum #2 to Report PSD-078-05 be received; THA T, subject to further detailed review by staff and report to Council, the proposed developments illustrated by the site plan prepared by Stantec Consulting Ltd. dated July 14, 2005 entitled "Proposed Metrus Commercial Development" and the elevation drawings of the proposed Wal-Mart store prepared by Petroff Partnership Architects, dated July 14, 2005 and the proposed Real Canadian Superstore prepared by Turner Fleischer Architects Inc., dated July 8, 2005 be endorsed in principle as illustrations of appropriate developments of the land at the northwest corner of Green Road and Highway 2; THA T, subject to the making of the Agreements referred to in the next paragraph, modifications to proposed Official Plan Amendments 43 and 44 to accommodate the Phase 1 and 2 of the proposed Wal-Mart and Real Canadian Superstore and the deletion of the public use facility and replacement with additional street-related commercial floor space on the lands owned by West Diamond Properties and Players Business Park be endorsed in principle and further consideration of them and the Zoning Amendments recommended in Report PSD-096-05 be referred to the General Purpose and Administration Committee meeting scheduled to be held on September 6, 2005; THA T the Municipality's solicitor, in consultation with the Directors of Engineering Services and Planning Services, be directed to settle necessary agreements with West Diamond Properties Inc., Players Business Park Ltd., and Halloway Holdings Ltd. to protect the Municipality's interest, including without limitation, an agreement with these companies to contribute the developers funds portion of the cost of construction of the proposed Stevens Road extension between Regional Road 57 and Green Road; THA T the deletion from the Secondary Plan of the Uptown A venue Extension west of Clarington Boulevard and its replacement by the Stevens Road extension running between Green Road and Regional Road 57 be endorsed, in principle; THA T modifications to designate the lands adjOining Clarington Boulevard for home improvement store uses with associated parking be endorsed, in principle; REPORT NO.: PSD-Q27-Q6 PAGE 9 THA T, subject to further review of the submissions made on behalf of Home Depot and Halloway Holdings Ltd. and the proposed site plan and elevation drawings of the Home Depot store, staff be directed to prepare detailed modifications to proposed Official Plan Amendment 44 and the proposed Zoning Amendments; THA T the Revised Official Plan Amendment and Rezoning Applications by A YT Corporation be referred back to staff for a further report to be brought back to the September 6, 2005 General Purpose and Administration Committee meeting; and THA T the Region of Durham Planning Department and all interested parties be notified of Council's decision. 1.10 Since July, staff have had ongoing dialogue with the Wet Bowmanville developers, the large-format anchors, and the BIAs to resolve a variety of issues and to formalize commitments in legal agreements. REPORT NO.: PSD-027-06 PAGE 10 2.0 RELATED DEVELOPMENT APPLICATIONS There are five related proposals subject to various planning applications for retail commercial development. All but the A YT proposal are located in the west end of Bowmanville. Some of these applications have evolved over the course of the study. The applications in West Bowmanville are shown on Figure 1. Figure 1 I West Diamond Properties Inc.l Players Business ParK Limited COPA 2002-002 and ZBA 2002-004 Halloway Holdings Limited COPA 2002-009 ZBA 2002-025 and SPA 2005-022 ... ... Q 0: .... C Z o a w 0: Major Commercial Applications in Bowmanville West Town Centre 2.1 West Diamond Properties Inc. & Players Business Park Limited (West Diamond) Location: Northwest corner of Highway 2 and Green Road, Bowmanville. Applications: COPA 2002-002 & ZBA 2002-004 Description: The original application proposed a total of 258,500 sq. ft. of retail floor area consisting of a 151,135 sq. ft. Wal-Mart and five retail pads totaling 107,200 sq. ft. In order to accommodate retail commercial uses, an expansion to the Bowmanville West Main Central Area Secondary Plan with an appropriate retail allocation was proposed. The application also proposed deleting the extension of Boswell Drive north of Highway 2 and Uptown Avenue west of Green Road, both designated collector roads. REPORT NO.: PSD-027-06 PAGE 11 The application was then modified to a total of 356,000 sq. ft. of floor area consisting of a 151,135 sq. ft. Wal-Mart, a 164,000 sq. ft. Loblaws with a gas bar, and 40,865 sq. ft. of retail pads along Highway 2. The deletion of the collector roads was maintained. The application has further evolved and what is now proposed includes a total of approximately 370,000 sq. ft. of commercial floor area consisting of an approximately 151,135 sq. ft. Wal-Mart, a 178,000 sq. ft, Loblaws with no gas bar, and 40,865 sq. ft. of ancillary retail floor space. The function and status of the extension of Uptown Avenue is amended from a collector road to a private street. Boswell Drive is being retained as a collector road. 2.2 Halloway Holdings Limited (Halloway) Location: North side of Highway 2 between Green Road and Clarington Boulevard, Bowmanville. Applications: COPA 2002-009, ZBA 2002-025 & SPA 2005-022 Description: The applicant originally proposed the development of 69,000 sq. ft. of retail commercial floor space consisting of a 40,000 sq. ft. supermarket and 29,000 sq. ft. of other retail floor space. The application was subsequently revised to propose 190,000 sq. ft. of floor area including an 84,000 sq. ft. Home Depot and 106,000 sq. ft. of retail floor space. The applicant also proposed the deletion of the east-west collector road Uptown Avenue between Clarington Boulevard and Green Road, as well as the north-south private street. The application has evolved to propose a total of 188,000 sq. ft. of retail floor consisting of a 98,600 sq. ft. Home Depot, 51,000 sq. ft. of large format retail floor space, and 38,400 sq. ft. of ancillary retail space. The application continues to propose the deletion of Uptown Avenue and the north-south private street. 2.3 Loblaw Properties Limited Location: Southeast corner of Highway 2 and Green Road, Bowmanville Applications: COPA 2002-003, ZBA 2000-020 & SPA 2000-017 Description: The application proposes a 37,700 sq. ft. expansion to the existing Loblaws store in the Clarington Centre. This application will not be pursued if the West Diamond & Players applications are approved. REPORT NO.: PSO-Q27-Q6 PAGE 12 Location: 2.4 Loblaw Properties Limited Application: Description: 2.5 AYT Corporation Location: Applications: Description: Clarington Centre bounded by Highway 2, Green Road, Clarington Boulevard, and Prince William Boulevard, Bowmanville ZBA 2003-043 The purpose of the application is to delete the zoning by-law requirement for a food store on the Clarington Centre lands. If approved this would permit re-tenanting the existing Loblaws space in the Clarington Centre, should Loblaws relocate its food store to the West Diamond/Players site. Northwest corner of Highway 401 and Bennett Road, Bowmanville ROPA 2004-006, COPA 2004-007 & ZBA 2004-055 A YT originally proposed the development of 540,000 sq. ft. of retail commercial floor space consisting of a 65,000 sq, foot supermarket, an 80,000 sq. ft. home improvement store, a 130,000 sq. ft. department store, 250,000 sq. ft. of other retail floor space, and 15,000 sq. ft. of restaurant space. The application was subsequently revised to propose 583,600 sq. ft. of floor area including an 80,000 sq. ft. home improvement store, a 145,000 sq. ft. warehouse membership club, 225,000 sq. ft. of other retail floor space, 35,000 sq. ft. of restaurant space, and a 5 storey hotel and convention centre. The applicant also proposed the deletion of a portion of a collector road between Lambs Road and Bennett Road. The applicant was also required to submit a Durham Region Official Plan amendment application to permit a retail commercial development within an industrial area that contained a supermarket, department store, and which had no frontage on an open Type "A" or Type "B" arterial road. Since the applicant revised the application by deleting the supermarket and department store, the Regional application only focuses on the road policy issue. REPORT NO.: PSO-Q27-06 PAGE 13 3.0 RECOMMENDED COMMERCIAL POLICIES FOR CLARINGTON 3.1 The Draft Final Report on the Commercial Policy Review was completed in December 2004 and released for discussion purposes. The Final Report (Appendix 1) completed in May 2005 replaces the Draft Final Report, having been updated with additional market analysis, feedback from residents and businesses and further consideration by the Study Team. 3.2 Given its current commercial objectives and historical context, an approach which combines a range of choice with the protection of the downtowns is recommended to best serve Clarington's needs. An approach should be used which provides land use designations and policies that meet market demands yet ensure the achievement of the planned function objectives for the downtowns and the transportation/urban design objectives for the key central areas. This necessary and essential connection between the policy approach to market and the urban design and transportation objectives of Clarington is perhaps the single most important conclusion of the CPR. 3.3 The more significant recommendations coming out of the CPR are as follows: · Most of the new space that is warranted should be accommodated within the existing Bowmanville West Main Central Area and a proposed westerly expansion to incorporate the West Diamond lands, provided that land use, market, urban design, and transportation issues are satisfactorily addressed. · From an urban structure perspective the preferred policy approach is to concentrate commercial uses in existing urban areas. The existing Central Areas are central to a growing population and form "nodes" along Clarington's main street. Potential commercial development should be focused, not dispersed. Among other things, it will provide better opportunities for transit and an opportunity to create a strong sense of place and identity. · The "Central Area" nomenclature is dropped; Main Central Areas are referred to as Town Centres or Village Centres. Town Centres are distinguished by being larger in size, having a greater density and a greater range of uses. · The Bowmanville West Town Centre and the Bowmanville East Town Centre would collectively function as a regional centre. While Bowmanville West Town Centre will function as a developing centre able to accommodate larger stores within a pedestrian-oriented grid street system, Bowmanville East Town Centre will continue to function quite distinctively as a historic Downtown and East Business District focusing on smaller-scale retail personal service and office uses. · The Downtowns of Bowmanville, Newcastle Village and Orono are extremely important historical resources that define the character of Clarington. The primary reason for limiting the development of commercial floor space is to provide for the ongoing health of the historic downtowns and to protect their planned function. REPORT NO.: PSD-027-Q6 PAGE 14 · Positive municipal policies, strategies and initiatives should be used to foster the health of downtowns and should specifically provide for redevelopment and intensification. The Municipality should investigate all means to encourage and provide incentives for redevelopment and intensification. · In new development areas, such as the Bowmanville West Town Centre, restrictions on certain types of uses and retail store maximums and minimums may be imposed to focus specialty retail and service uses in historic downtowns. · Given the significant amount of space proposed to be developed, or potentially available through intensification in Bowmanville West Town Centre, controls by means of population growth is recommended. · Local Central Areas and Neighbourhood Commercial Areas are to be combined into the category of Neighbourhood Centres and provide for a range of centres between 500 and 5,000 sq. m. · Smaller commercial centres are redefined as Corner Stores and would be permitted in Residential Areas through the rezoning process. · The role of Highway Commercial Areas is retained. · The Municipality should maintain the current prohibition of drive-throughs in historic downtowns and extend it to appropriate adjacent areas. In other areas of the Municipality, appropriate regulations should be enacted. · Service Station policies were reviewed and amended to ensure the location and design of stations is consistent with the urban structure and design goals. There would be recognition that there are prominent intersections which should preclude gas stations primarily for urban design reasons where a gateway or corner treatment is important. · A key objective of the Official Plan, to ensure that King Street/Durham Highway 2 can maintain its function as a ttmain street" through Town and Village Centres, is confirmed and the development of a grid road system is critical to maintaining the established vision and function. · The importance of good urban design policies is reinforced and general urban design guidelines were identified for new development areas and historic downtowns. 3.4 The results of the commercial policy framework recommended by the Study Team were incorporated into the proposed Amendment 43 to the Clarington Official Plan (Attachment 8). Although proposed Amendment 43 largely implements the CPR recommendations, it works in tandem with Amendment 44 (Attachment 9), which specifically implements the recommendations for the Bowmanville West Town Centre. REPORT NO.: PSD-Q27-Q6 PAGE 15 4.0 BOWMANVILLE WEST TOWN CENTRE SECONDARY PLAN REVIEW 4.1 The second phase of the CPR involved a detailed examination of the Secondary Plan for the Bowmanville West Main Central Area. The purpose of this component was to respond to any of the recommendations of the CPR and to address the issues including; whether the West Main Central Area should be expanded, what form of commercial space should be considered, what changes were needed to update the land use and urban design policies and what the transportation and infrastructure improvements required to service new development for the area are. The Bowmanville West Main Central Area Secondary Plan Review report from Meridian is contained in Appendix 2. 4.2 The Existing Secondary Plan 4.2.1 The existing Secondary Plan for the Bowmanville West Main Central Area is a product of a series of development applications, studies and an extended Ontario Municipal Board hearing in 1993. A comprehensive study of the entire Bowmanville area was undertaken in 1992/1993 which looked at both the east and west areas of Bowmanville. 4.2.2 The Secondary Plan approved by Council provided that new retail development in West Bowmanville should be phased based on population growth and the development should occur within the structure of a grid road system. The area was to be developed with a retail focus around Clarington Boulevard, and a north-south commercial street for pedestrian-oriented retail uses. 4.2.3 The OMB, in approving the Secondary Plan, noted in its decision that two different but related issues needed to be addressed with the development of the Bowmanville Main Central Area: first the impact on the downtown, and, if extended, what form would the extension take? The OMB concluded that the West Bowmanville area was not an extension of the original (east) Main Central Area. The two areas should remain as separate areas but should be complementary. The OMB approved thresholds for commercial development and new land use designations. Secondly, the Board noted that the grid road system was an extremely important element of the urban structure. 4.2.4 The existing Secondary Plan for West Bowmanville provides for the development of a mix of higher density uses and the integration of residential, employment, cultural and community uses that can serve as a focal point of activity, interest and identity for Clarington residents. There are three main goals: . To establish the West Main Central Area in a manner that complements the strengths of the East Main Central Area so as in order to create a strong and vibrant centre. · To establish the physical framework through a system of streets and public spaces to allow for more intensive development over time. . To have a high quality of architecture and urban design to create a sense of place and foster social interaction. REPORT NO.: PSO-Q27-Q6 PAGE 16 4.2.5 The West Main Central Area Secondary Plan provides policies focusing on retail around the Clarington Boulevard/Highway 2 intersection. The lands on all four quadrants are designated Retail Commercial although the release of development rights by zoning is controlled through a threshold mechanism linking warranted f100rspace to population growth. Office Commercial Areas are identified on the southwest and southeast corners of Regional Road 57 and Highway 2. Medium and High Density housing areas are located in the southerly portion of the West Main Central Area along the St. Lawrence and Hudson (CP) railway line. The current housing targets are for a total of 1,750 units - 250 medium density and 1,500 high density. A future GO Rail station site is identified. Various community and recreation uses are also identified. 4.3 The Proposed Secondary Plan in June 2005 4.3.1 Amendment 43 proposes to rename the Bowmanville West Main Central Area as the Bowmanville West Town Centre. The conclusions of the Commercial Policy Review Study recommend an expansion of the land area in the Bowmanville West Town Centre, new floor space limits based on population growth, revised transportation facility requirements and more detailed urban design policies. Amendment 44 was prepared to implement the recommendation of the Secondary Plan Review. 4.3.2 The conclusions of the CPR Study support: · The assignment of floorspace for the Halloway lands for commercial development; and, · The redesignation and allocation of commercial floor space for the West Diamond lands immediately to the west of Green Road for inclusion as part of the Bowmanville West Town Centre. Given the market support, and provided the urban design and transportation goals can be achieved, these lands represent the most appropriate location for new commercial uses. 4.3.3 The consultants conclusions throughout the Secondary Plan Review emphasize that market, land use, urban design and transportation objectives must be considered comprehensively. A standard big box centre as part of the new Bowmanville West Town Centre is not appropriate and was not supported by the Study team. Similarly, the transportation infrastructure must be in place or arrangements made to ensure that it will be in place in short order for this development to proceed. Lastly, there can be no undue market impacts that detrimentally impact the planned function of the Town and Village Centres, in particular the historic downtowns. 4.3.4 Land Use Some of the more significant recommendations regarding land use are as follows: · The Retail Commercial designation is split into two designations; General Commercial and Street Related Commercial. The General Commercial designation would accommodate large-format retail activities. The Street Related Commercial REPORT NO.: PSO-Q27-Q6 PAGE 17 designation would provide specific areas dedicated to smaller scale, pedestrian- oriented retail and personal service uses. · In the General Commercial designation, hotels and convention centres and residential dwelling units are deleted as permitted uses. · In the Street Related Commercial designation, stores were limited to a maximum of 800 sq. m. (8,600 sq. ft.) and drive-through facilities are not permitted. · Only two full service financial institutions are permitted. · Medical offices, business, professional and administrative offices are permitted only above the ground floor. · The Major Office Commercial areas are retained but the permission for the food store and other retail uses in the Office Commercial area on the southwest corner of Highway 2 and Regional Road 57 is deleted. The store specific use permission has not been built since it was approved by the OMB over a decade ago. · The High Density Residential designation has been split into two designations; Low Rise High Density Residential (6 storeys or less) and Mid Rise High Density Residential (12 storeys or less). . Energy efficient building and site design is strongly encouraged. 4.3.5 Retail and Service Space Controls Amendment 44 provides for controls on retail and service floorspace in the Bowmanville West Town Centre to implement the market recommendations of the CPR. The intent is to provide a mechanism to ensure that additional commercial development is supported by population growth. This mechanism will support the continued viability of the Town and Village Centres and ensure ongoing redevelopment potential within the Bowmanville East Town Centre. The version of Amendment 44 recommended in PSD-078-05 on June 13, 2005 established target retail and service floor space thresholds related to the projected population growth of Clarington in the future for a period when Clarington reached a population of 91 ,000, anticipated to occur in 2010. 4.3.6 Transportation Network The main transportation network proposed for the Bowmanville West Town Centre builds on the grid system structure previously defined for the area. King Street/Durham Highway 2 (Highway 2), Regional Road 57 and Green Road are the designated arterial roads for the area. These roads in turn are served by a system of collector roads and local streets in a grid road pattern with blocks to provide access throughout the area. The development of the grid road system is critical to the established vision and function of Highway 2 as a "main street" through the Bowmanville West Town Centre. The minor roads making up the grid allow for flexibility in access and internal traffic circulation, and alternative routing for local trips. When fully developed, the grid system will facilitate a REPORT NO.: PSD-027-Q6 PAGE 18 reduction in traffic demand along Highway 2, and specifically a potential reduction in the turning movements at the signalized intersections. Key components of the transportation network to implement the grid system are: . A temporary east-west minor collector road north of Highway 2 (originally Uptown Avenue, but replaced with Stevens Road extension) until the opening of Brookhill Boulevard. It would subsequently function as a local road. · A further north east-west collector road capable of being signalized (Brookhill Boulevard) to be developed as soon as possible. · An east-west collector road south of Highway 2 (Prince William Boulevard). · Another north-south connection facilitated by the Green Road grade separation, road improvements and signalization. One major change to the transportation network was made to the original alignment of Uptown Avenue. On July 15, 2005 in response to deputations by Halloway with respect to the location of a Home Depot home improvement store, Council determined to extend Stevens Road rather than Uptown Avenue between Regional Road 57 and Green Road. As retail commercial growth occurs, it will be critical to ensure that transportation network capacity can accommodate new development in a safe and efficient manner. 4.3.7 Urban Desian The key urban design principles which form the basis of the Plan are noted below: Urban Design Principles . A distinct sense of place . A connective street network. . Pedestrian access. . Urban street edge. . Plan for infill. . Environmentally sustainable development. The planning framework for the Bowmanville West Town Centre requires a strong commitment to creating a strong sense of place with a mix of uses. In order to achieve this there needs to be a clear urban design vision and policies for the Bowmanville West Town Centre. The urban design principles were further elaborated through detailed site design and building design policies. The consultants have recommended that the Demonstration Plan and Illustrated Urban Design Policies be incorporated as Schedules to the Secondary Plan. REPORT NO.: PSD-027-Q6 PAGE 19 4.4 The Proposed Secondary Plan - February 2006 Since Council's conditional approval in principle of portions of the West Diamond and Halloway proposals on July 15, 2005, staff continued to refine Amendment 44 as a result of feedback, specifically in the context of the negotiations with the two proponents/appellants. Some of the significant changes to the Secondary Plan are as follows: . The concept of a two-step threshold to 2010 was replaced with an overall limit on floors pace with provision for delayed opening of certain stores and reliance on "natural phasing" given the limited time period between enactment of Amendment 44 and the horizon population target of 91 ,000 persons. . The total floor area for the West Diamond and Halloway proposals is provided for in the allocation of total floor space. · A special exception for a home improvement store is provided with provisions reflective of Home Depot's commitment to Council on July 15, 2005 plus further negotiated items. · The land use designations on the Halloway site were revised to provide for Street- Related Commercial along the Clarington Boulevard and Highway 2 frontage. Although the special exception for a home improvement store overrides these designations, in the event that a home improvement store does not build on the site, the original vision for the area would be continued with a pedestrian-retail environment along Clarington Boulevard. . The maximum size for stores in Street-Related Commercial Areas was increased to 1,000 sq. m. (10,760 sq. ft.). . In addition to the enabling policies that specifically provide for Council to limit the size of large-format stores, additional enabling policies are added to allow Council to establish standards in the Zoning By-law which would restrict the type, amount and location of retail and service floor space to provide distinctions and help protect the historic downtowns. Specific limitations on store sizes can be provided in Street- Related Commercial Areas. · Revisions of the commercial urban design policies to provide greater flexibility with respect to numeric standards and to accommodate the proposed Home Depot store. . Clarification of the private road standards. · The addition of residential urban design policies and subsequent revisions to the residential land use policies. . Revisions to the holding zone provisions. REPORT NO.: PSD-027-06 PAGE 20 5.0 PROPOSED ZONING AMENDMENTS 5.1 Introduction 5.1.1 Three Zoning By-law amendments have been drafted to implement the proposed amendments to the Clarington Official Plan and the Bowmanville West Main Central Area Secondary Plan. i) The first by-law (Attachment 10) provides for general amendments to the Definition and General Provisions sections of By-law 84-63. These changes are applicable to all lands within the Municipality of Clarington and not only the West Main Central Area. ii) The second by-law applies to the lands within the Bowmanville West Town Centre, including the Halloway, West Diamond and Loblaw lands (Attachment 11). It establishes new Large-format Retail Commercial (C8) and Street Related Retail Commercial (C9) Zones with appropriate regulations. It also amends the zoning on Clarington Centre and Canadian Tire. iii) The third by-law (Attachment 12) removes a commercial zone at the corner of Regional Road 57 and Highway 2 that no longer conforms to the Plan. 5.2 General Amendment 5.2.1 The first part of the amendment contains definitions and general provisions that apply not only to lands in west Bowmanville, but to lands throughout the Municipality. The definitions being added to Section 2 assist in the implementation of the regulations proposed in Section 3. The proposed amendment to Section 3, General Provisions of By-law 84-63 adds new regulations as follows: . Revised loading space requirements; . A reduction in the length of a parking space size adjacent to a landscape strip; . A provision for the size and number of parking spaces required for physically disabled individuals as a component of the total parking on site; and . A requirement for customer bicycle parking to be provided with new commercial developments. 5.2.2 Changes have been made to the by-law presented at the public meeting. A requirement has been added for larger stores greater than 5,000 sq. m. or 53,800 sq. ft. to provide indoor bicycle parking facilities for employees. Wal-Mart and Loblaws Superstore are exempted from this provision. REPORT NO.: PSD.027-Q6 PAGE 21 5.3 Large-format Retail Commercial Zone (C8) 5.3.1 In order to implement the provisions of the General Commercial designation contained in the West Town Centre Secondary Plan, a new "Large-Format Commercial (C8) Zone" was created replacing the existing "Highway Commercial (C8) Zone" and all its provisions. The new C8 zone provisions contain definitions specific to the new zone, including terms identifying large and medium retail format stores. Extensive performance standards are included to implement the market and urban design policies. They include site specific floorspace limits, building siting, building sizes, articulation, fenestration (glazing), entrances and landscaping. Provisions are also provided dealing with outdoor storage and display, screening of loading areas, parking, and garden centres. 5.3.2 Drive-through uses in the Bowmanville West Town Centre are permitted only in the large-format zone subject to regulations detailing the stacking requirements and location of the stacking lane. 5.3.3 Exception zones have been drafted for the West Diamond property and the Halloway site. The exception zones detail the maximum amount of total floor area permitted on the portion of the West Diamond site and Halloway site zoned for large-format uses. In addition, the exception zones to the main C8 zone provisions deal with unique circumstance of building design; uses such as garden centres and seasonal garden centres. The exception zone provisions have been negotiated with the appellants and their proposed developers of large-format stores. There have been numerous changes since the Public Meeting to clarify the intent andlor address the applicants' issues. 5.4 Street-Related Retail Commercial Zone (C9) 5.4.1 A new "Street-Related Commercial (C9) zone" has been created to implement the 'Street Related Commercial' designation and urban design policies of Amendment 44. This new zone limits the total floor area of an individual store to between 300 sq. m. and 1000 sq. m. However the West Diamond site could have three stores less than 300 sq. m. and the Halloway site could have four such stores. The minimum floor size is intended to limit the number of stores that would be similar to those found in the historic downtown. Similar to the C8 zone provisions, definitions specific to the new zone are included. Performance standards are developed governing building height, building siting, building articulation, fenestration and other issues. The performance standards for this zone require the business entrance of most stores to be sited facing the street. Provisions dealing with screening of loading areas, parking, and landscaping are also included. 5.4.2 Specific C9 Exception zones containing maximum total floor area permissions and variances to the standard C9 zone provisions are proposed for the portions of the West Diamond, Halloway, Canadian Tire, and the Clarington Centre lands designated 'Street- Related Commercial'. The exception zone provisions have been negotiated with the appellants for their lands. There have been numerous changes since the Public Meeting to clarify the wording and/or address the applicant's issues. REPORT NO.: PSD-Q27-06 PAGE 22 5.5 Clarington Centre - Southeast Corner of Highway No.2 and Green Road 5.5.1 The majority of the Clarington Centre lands are designated "General Commercial" in the Secondary Plan. However, the C8 zone provisions were not applied to this site. Rather the existing zoning for Clarington Centre (C1-14A and C1-14B) was amended to delete the provisions that apply to the lands now designated Street-Related Commercial as noted above. The majority of the zone provisions were retained and the zoning was renamed C1-14. 5.5.2 The requirement of the C1-14 zone for a Supermarket has been deleted from the zone provisions since the Public Meeting. 5.6 Southwest Corner of Highway No.2 and Regional Road 57 5.6.1 The lands at the southwest corner of Regional Road 57 and Highway No. 2 are designated Office Commercial. Much of the site is zoned "Agricultural (A)" however a "Neighbourhood Commercial Exception (C2-4)" zone was placed on this property in 1993 to allow a McDonald's restaurant to establish in this location. The C2-4 zone only occupies a small portion of the site. The McDonald's restaurant has since been built on the Clarington Centre lands. A zone category implementing the Office designation is not proposed at this time. However Attachment 12 is a by-law which would remove the existing commercial zoning (C2-4) and rezone the lands to (A) Agriculture similar to the balance of the lands in this area. REPORT NO.: PSD-027-Q6 PAGE 23 6.0 PUBLIC SUBMISSIONS 6.1 Public Presentation The Commercial Policy Review and Secondary Plan Review included an extensive public participation process to solicit the views of residents and businesses as follows: . A Community Stakeholder Group was established comprised of various members of the community. The Stakeholder Group included participants from the Courtice Business Group, Bowmanville BIA, Newcastle BIA, Orono BIA, area resident, Agricultural Advisory Committee of Clarington, Regional Planning, Regional Works, Clarington Board of Trade, representatives for the two major landowners in West Bowmanville and Council. . The Community Stakeholder Group met a total of five times. Two of the meetings were held in conjunction with other groups. The other three meetings were held on June 21,2004, October 27,2004, January 13, 2005 . The consultants held a joint meeting with the Bowmanville BIA and the Community Focus Groups established for the Orono and Bowmanville Community Improvement Plans on September 14, 2004. . An open house was advertised and held on the Commercial Policy Review on January 13, 2005. . A Design Workshop was held with residents and Community Stakeholder Group on April 20th, 2005 with respect to options and proposals for the Bowmanville West Main Central Area. There were over 75 participants including residents, developers and retailers. The workshop included a review of the background planning, market and transportation issues but focused on the urban design options for the Bowmanville West Town Centre. The workshop used precedent images of large- format retail development and mix use areas as success stories with potential application in Bowmanville. Three options were presented for the purposes of discussion of alternatives for development. Break-out groups participated in a facilitated discussion of the possibilities for the Bowmanville West Town Centre. 6.2 Submissions Various public submissions were received. Major issues raised during the study process are summarized below. 6.2.1 Commercial Policv Review Numerous submissions were received on the Commercial Policy Review document primarily from the development community. The following issues were raised: . The proposed urban design criteria relating to building facades, building setbacks, weather protection, and landscaping courts may not be achievable due to operational requirements of individual stores. Many of these principles will be realized through maturing of development. More performance-based standards should be adopted. REPORT NO.: PSD-027-06 PAGE 24 . The location of parking fields should consider the suburban development context. . Retail floorspace should first be allocated to lands that already have the necessary land use designation. As such, new growth should be focused and not dispersed. . The retail market impact analysis relies heavily on recapture of retail expenditure outflows to justify the introduction of new commercial floorspace. New floorspace should be based on realistic population growth so as not to impair downtown areas. . The downtown has a unique role that must be protected. . Comments were made provided both for and against the elimination of retail uses in the industrial areas. 6.2.2 Bowmanville West Main Central Area Secondary Plan Workshop A number of submissions were received from Clarington residents who attended the April 20th, 2005 open house. The following issues were raised: . Development of this scale will impact downtown Bowmanville retailers. . The urban design of large-format stores should be improved to provide a more unique sense of place. High quality materials, architecture, and landscaping are necessary to accomplish this objective. Historic building elements of Bowmanville should be incorporated into the design. . Development should be pedestrian oriented with street-related buildings. . The existing road network must be maintained and improved to assist traffic circulation associated with new development. 6.2.3 Bowmanville West Main Central Area Secondary Plan Review, OPA 43 and OPA 44 Numerous submissions were received on these documents primarily from the development community. Some of the key issues raised were: . All commercial proposals regardless of location should be afforded equal consideration. . Residential densities in the Bowmanville West Main Central Area should be increased in order that the population targets can be achieved. . The retail market impact analysis is based on an aggressive recapture of retail expenditure outflows to justify the introduction of new commercial floorspace which is not justified. . Industrial lands should be preserved for industrial uses. Policies that permit retail commercial uses in industrial areas should be removed. . The phasing of Wal-Mart and Loblaws is not necessary. . Creating a strong retail fabric in West Bowmanville will benefit the downtown. . Changes to the transportation network are necessary to accommodate Home Depot in its preferred location. 6.2.4 A list summarizing all public submissions with Staff responses is included in Appendix 8 to this report. REPORT NO.: PSD-027-Q6 PAGE 25 7.0 MARKET ISSUES 7.1 Introduction 7.1.1 A critical component of the Commercial Policy Review was market research. This was undertaken to gain an understanding of the local market conditions, consumer behaviour, warranted space and potential impacts. 7.1.2 The Commercial Policy Review incorporated market research work undertaken for the Municipality by urbanMetrics Inc. and Tate Economic Research. The consultants produced the Clarington Commercial Policy Review Retail Market and Impact Analysis, dated December 17, 2004 (Appendix 4). The report was released for public review at that time. 7.1.3 The market analysts for the Municipality prepared two subsequent reports: An Addendum Market Analysis dated May 9, 2005 (Appendix 5), and the "Memorandum Report: Supplementary Market Analysis" dated July 14, 2005 (Appendix 6). The market consultants wrote these reports in response to public input, meetings with the proponents, and additional development applications after the main report was released. 7.1.4 The purpose of this section is to review the results of the market reports and to comment on some of the critical issues related to market needs and impacts. 7.2 Evolving Retail Environment and Competitive Centres 7.2.1 The retail environment has changed considerably since the preparation of the Clarington Official Plan in the early nineties. The nature of retailing has been changing at a remarkable rate in response to evolving population demographic, changing lifestyle patterns and innovations in technology. Some of the changes include: . Changes in Chains and Banners through consolidations and new entries into Canada. . Changes in Store Types with new retailing concepts such as warehouse membership clubs, home improvement stores, specialty stores and the sale of food in stores who have traditionally not included food sales. . Changes in Store Formats with large-format stores, retail warehouse stores, etc. . Changes in Commercial Centre Types and Formats with a move away from strip plazas and enclosed malls towards power centres and large-format stores. These changes are challenging in developing an appropriate a community planning framework. From a market perspective, these changes present a challenge for Clarington in terms of providing retail facilities which meet the needs and convenience of residents. REPORT NO.: PSD-Q27-Q6 PAGE 26 7.2.2 Oshawa is an important shopping destination for Clarington residents serving as the primary regional centre. The Oshawa Centre, with its mix of department stores and specialty tenants, is a significant regional centre. However, over the past 10 years new shopping facilities have been constructed in Oshawa and Whitby, which are proving to be destinations for Clarington consumers. In particular, the Taunton' Harmony Power Centre, built close to the Clarington boundary, is very attractive. The consumer research by the Municipality's market consultant indicated that the Wal-Mart and Home Depot stores in these locations have resulted in significant outflows of the shopping dollars of Clarington residents. The attractiveness of the centre will only increase with the completion of additional stores since the market research in 2003, including the Loblaws Superstore which opened in late 2005. Some of the major shopping centres, illustrated on Figure 2, include: . HarmonylTaunton Power Centre Currently approved for approximately 556,000 sq. ft., most of the space has been constructed. The applicant is currently applying for an additional 250,000 sq. ft. of retail f100rspace through a Sub-Central Area redesignation. . Oshawa Shopping Centre The existing Oshawa Shopping Centre includes 1,163,000 sq. ft. of office and retail floorspace. While long-term expansion potential is possible through site intensification, short-term potential of 50,000 sq. ft. of retail floor space is possible. . Champlain Power Centre The original approval for this power centre was for approximately 417,000 sq. ft. The applicant is seeking a further 94,000 sq. ft. to accommodate a Wal-Mart department store. . Thickson Ridge Power Centre The original Thickson Ridge Power Centre area at the southeast corner of Thickson Road and Highway 401 is designated for 640,000 sq .ft. and has been almost been completed. An additional 608,000 sq. ft. of retail f100rspace has been designated at the other three quadrants of the interchange, of which only approximately 25% of the space has been constructed. The advent of three power centres, one of which is not yet built, without a similar opportunity for large-format retailing in Clarington, forces Clarington consumers to travel to other communities to meet their expectations. REPORT NO.: PSD-Q27-Q6 PAGE 27 Figure 2 Major Retailing Centres JrBY or / I OSI-l~WI' "I - ~ \ \ I,...., I ~ 'L TeuntonlHermony ~ Power Centre i---- ~ TAUNTON'ROAD~ \ r. ___ ~ -l~ ~~"'9 ~ 1..IIJ ~ l:l I i~ -1-0 ~ Ii: a:: v~ a:: IU tii - .?' hi ~ ~ ~ 'il-J::i 0::. i \ ~ ~r- U~ b l~ ),J! 8 '( Oshe_ Shopping 1---1-- >- in r- ~ I .. iif ' J Centre I--- ~ L-.-n- f:::.. '- --1 ~ r--rDUNDk ~TRE~ y~........~ KlNG'sfRm \ ~ I- ! L:1 .. ~~r-W If t2t~ .~1-1 ItIGItw. ~ 9~ "'~l/ 1'\1"2 .,JJ..... Downtown Oshe_ l!' !. :'7l--HIGHWAY'.ol~ Y ,Courtice L~ I ~~ \-h I ~"-ILl ~ThlcklOn Ridge "l Chempleln 1\ H . I Power Centre --1 Power Centre \:) ~ --- LJ I I r'>-. '\iii Ii. ~~HW"\Y.Ol 1--------1 ''\?:;;}t~;;: .... -- {r ? : I ~i;:,~:f:t:'::"f;~::..::::.:..~.:~ ~ ! V:;:':,..:" ;'::.:,:: ~..:..':,.'1. -1--0 ~ 0:: Z ~ u ~t=:"~ ~ J:~~ Ir- I' , I 1-' I L Ll-' -. \ "\ f "1 TAUNTON ROAD " CLARlNGTON -- Ir- to> o 0:: ~ ~ CI W 0:: _____ _____ .. w W 0:: .. <II ~ 0:: W lD ::i ~. - ! \/~ t r4 ,j -, , .; Ki ~o~an"JVlllel i '" r-- r--..... I ~___ !~ ~-- T ~ I -- ~ ,.g~;1;);:~!:5tt~;~tit~%:t!(W0~i. Major Competetlve Commercial Centres Outside of Clarington 7.2.3 While the Oshawa Centre will always have a dominant role in this area, proposed retail expansions elsewhere in Oshawa will continue to strengthen the draw of its retail structure and entrench its reliance on Clarington retail expenditures. The Bowmanville Main Central Area is identified in the Durham Regional Official Plan as a centre of regional significance. In order to stem these expenditure outflows, new commercial projects containing the critical store types demanded by Clarington residents is necessary. The consulting team advise that once these high demand stores are built in Bowmanville, there is a greater opportunity and possibility that these consumers will shop in downtown areas as well. 7.2.4 The public policy debate for the expansion of retail services should be considered in the context of competing retail centres locating on the periphery of the Municipality while at the same time providing the necessary controls to ensure the viability of existing commercial centres in the Municipality. Competition with existing businesses already exists whether it is located within the community or on the periphery. Ensuring the vitality of historic downtowns is one key public objective; providing convenience and choice to residents of Clarington is an equally important public policy objective. REPORT NO.: PSD-Q27-06 PAGE 28 7.3 Retail Market and Impact Analysis (Dec. 2004) 7.3.1 Population growth and recapture opportunities are the two main elements in the Clarington Commercial Policy Review Retail Market and Impact Analysis, dated December 17, 2004 to project future demand for retail space.. 7.3.2 The analysis was undertaken by urbanMetrics inc./Tate Economic Research. The majority of the market research was undertaken in 2003 and addresses Clarington's future commercial space needs to 2021. The market analysis forms one of the basis for the Commercial Policy Review. The market research included: . Population and retail expenditure forecasts; . A telephone survey of Clarington residents; . An intercept survey of Downtown Bowmanville shoppers; . Licence plate surveys at the Clarington Centre, Clarington Place, Bowmanville Mall and the Townline Centre in Courtice; . An inventory of retail/space in Clarington; and . The identification of proposed/designated retail/service commercial space in Clarington. 7.3.3 The intent of the analysis was to determine the magnitude of the retail commercial space which will be required to service Clarington's population recognizing recapture opportunities from outside Clarington and the need to minimize sales impacts on existing retail facilities/areas 7.3.4 As mentioned in Section 7.2, Clarington residents are currently spending a significant portion of their retail dollars outside of Clarington, and particularly in other Durham Region communities, such as Oshawa. As such, there is a significant opportunity to recapture a portion of these expenditures with the addition of new retail facilities in Clarington. The following table illustrates the percentage and volume of expenditures that Clarington residents currently make at selected major store types outside Clarington. Category Percentage of Clarington Residents' Clarington Residents' Expenditures Outside Expenditures Made In Clarington (2003 $) Clarinaton (2003) Suoermarket 66.9% $38.3 million Deoartment Store 17.0% $62.5 million Non-Deoartment Store DSTM 34.2% $137.4 million Home Improvement 12.3% $15.9 million REPORT NO.: PSD.027-Q6 PAGE 29 7.3.5 In 2003, the total expenditures in these store categories by Clarington residents outside the community was estimated at nearly $254 million, or $3,300 per resident. Using the same per capita figure, staff project this leakage to be close to $300 million by 2010 based on a population projection of 91 ,000 for that year. 7.3.6 The market analysts concluded that there are significant retail development opportunities within the Municipality of Clarington in the short term. This proposed new retail space will allow Clarington residents to shop locally and will increase the strength and convenience of the retail environment within the Municipality. 7.3.7 Based on the analysis of these data, the main conclusions of this report are: . All proposed space evaluated could be developed by 2007 with additional opportunities for other space in the future. . These proposed additions to the Clarington market would be sufficient to meet all additional DSTM, supermarket, and home improvement centre needs. . There will be the need in the future for additional space beyond 2007, which could be accommodated in future phases of the West Diamond development (e.g. Wal- Mart and Loblaws expansion). The following sections detail how these findings have been refined based on public input, meetings with the proponents, modifications to the proposed development proposals, and additional development applications that have been submitted during the process of undertaking the Commercial Policy review. 7.4 Addendum Market Analysis (May 2005) 7.4.1 An Addendum Market Analysis dated May 9, 2005 (Appendix 5) was prepared in large part to consider the implications of the A YT Corporation application. It also refined the earlier work to address: . The proposed expansion of the Canadian Tire Store. . The revised West Diamond proposal not to phase Wal-Mart and Loblaws Superstore. . The planned development of a RONA home improvement store on the Torgan site. . The potential for a proposed expansion of the existing Loblaws store on the Clarington Centre site for another type of retail use other than a food store. The Addendum Market Analysis also estimated the anticipated amount of service space to serve future population growth. 7.4.2 The Addendum Market Analysis tested various alternatives for the different proposals proceeding, either in whole or in a phased manner or with some alteration (e.g. no Home Depot on the Halloway Holdings site). It also examined substituting the AYT Corporation application for the West Diamond proposal. 7.4.3 The Addendum Market Analysis again confirmed that there is significant opportunity for new space in the market to meet population growth and to recapture expenditures currently leaving the Municipality. The recapture potential is particularly great in the REPORT NO.: PSD.027-Q6 PAGE 30 department store and home improvement store categories, given the current expenditure pattern of Clarington residents. It should be noted however, that recapture opportunities for a Bowmanville location may be limited by several factors. Firstly, Clarington does not have, and will not have in the foreseeable future, a major enclosed regional shopping centre like the Oshawa Centre, with full-line department stores and other major retailers. The other significant factor is that approximately twenty five percent (25%) of the population of Clarington lives in Courtice, which is on the border with the City of Oshawa. 7.4.4 The Addendum Market Analysis provided the following figures on new amounts of selected categories of retail floorspace that would be warranted in Clarington and has been quantified through the analysis of various scenarios: 2007 700,000 to 735,000 sq. ft. ............(65,000 to 68,500 sq. m.) 2010 850,000 to 875,000 sq. ft. ............(79,000 to 81,500 sq. m.) 2021 1,540,000 to 1,580,000 sq. ft. .... (143,000 to 147,000 sq. m.) There is progressively less opportunity for new f100rspace after 2007 as it is assumed that the recapture opportunities will have largely been exploited by construction of a Wal-Mart department store, a home improvement store, and large-format supermarket. Further retail growth will be dependent primarily on population growth. 7.4.5 Unlike the earlier market research referred to above, which assumed no sales transfer from existing stores, the Addendum Market Analysis assumed a 10% sales transfer from existing stores under the "worst case scenario". The Municipality's consultant has considered a 10% sales transfer to be a "reasonable" impact. This worst case scenario assumes that both the Halloway portion of the Courtice Town Centre and the Torgan project are built and operational through this period. 7.4.6 The Addendum Market Analysis also reviewed other select retai' space (Iiquorlbeerl wine and specialty food) and service space (personal services and restaurants) to provide a better estimate of the total floors pace that could be anticipated over the study period. This had not been considered in previous reports. Using the per capita floor space ratios and assuming a gradual increase over time from the existing 9.21 sq. ft. per capita, there is additional service and select retail space that can be anticipated as follows: 2007 77,000 sq. ft. ...................................... (7,200 sq. m.) 2010 150,000 sq. ft. ...................... ........ ..... (14,000 sq. m.) 2021 500,000 sq. ft. ................................... (46,500 sq. m.) Unlike retail space, the service space analysis provides a level of growth that should occur or possibly even be exceeded if Bowmanville starts to take on a more regional function. It is an analysis based largely on existing conditions, not anticipating any recapture of expenditures from outside the community. 7.5 Supplementary Market Analysis 7.5.1 The "Memorandum Report: Supplementary Market Analysis" (Supplementary Market Analysis) was prepared by urbanMetrics Inc. on July 14, 2005 in response to four REPORT NO.: PSD-027-Q6 PAGE 31 submissions received through the public meeting held on June 2005. This report is contained in Appendix 6 to this report. 7.5.2 Some of the key points addressed in the report are the following: . urbanMetrics Inc. confirms its professional opinion that its market recapture rates are appropriate. Since Clarington residents are shopping at Wal-Mart locations elsewhere in Durham Region, this store is considered key to recapturing expenditure outflows and an important anchor tenant for Bowmanville in attracting other retailers to improve the level of service. . urbanMetrics Inc. is confident that the sales performance levels used for Wal-Mart in its assessment are appropriate given Clarington's current population and its geographic distribution. Sales figures as high as those used in the Guelph OMB decision are not expected in our market environment. . Although the Zellers store may experience up to a 34% decline in store sales levels in 2008, this is not expected to result in a store closure, given that the Bowmanville Zellers is functioning above the average sales level for the Zellers chain . An analysis was completed on the impact of the expanding A&P supermarket in the Bowmanville Mall. Based on an increased recapture rate, the average performance level still remains above industry norms and a full recovery is expected by 2010. . Sufficient market was available to allow both Wal-Mart and Loblaws Superstore to develop without requiring their stores to be phased provided that their first full year of operation occurred not earlier than 2008. Opening of both stores should be restricted through the Zoning By-law so that the first full year of operation occurs no sooner than 2008. . 7.6 Retail Thresholds Versus a Retail Cap 7.6.1 The extended Ontario Municipal Board hearing in 1993 resulted in the approval of the existing Secondary Plan for the Bowmanville West Main Central Area. The presentation of evidence respecting retail market impact represented a significant portion of the hearing time. The OMB approved the Municipality's recommended approach for controlling retail growth in West Bowmanville as follows: . An initial allocation of floorspace was provided to establish a critical mass of development. . A series of floorspace thresholds tied to population growth provided for additional space to be released through rezoning applications as the population of the Municipality grew. . An override provision allowed for the re-examination of thresholds, either through individual applications or a comprehensive review. 7.6.2 The proposed Official Plan Amendment 44 released in June of 2005 continued much of the previous control system. However, rather than provide for an ongoing series of thresholds, only two thresholds were provided as follows: REPORT NO.: PSD-027-06 PAGE 32 . The initial retail threshold of 65,000 sq. m. of gross leasable area was to be released immediately in time to be constructed when the population of Clarington is 85,000 persons, expected to be reached in 2007. . The second target threshold of 75,000 sq. m. of gross leasable area would be released when the population of Clarington reached 91,000 persons, expected to be reached in 2010. . Beyond that, any further retail space would be added through the comprehensive official plan review. 7.6.3 After considering public input and further analysis, the recommended Official Plan Amendment 44 attached to this report has modified the control system for retail and service space in West Bowmanville. Instead of the two-step threshold mechanism, the system recommended has the following components: . An allocation of floorspace is provided to each site. . A total cap or limit on retail and service floorspace is provided until the population reaches 91,000 (expected in 2010). . Subsequent additions can occur through a comprehensive review of commercial floorspace in the Municipality, but not necessarily in the context of an Official Plan Review. 7.6.4 Staff have moved from the two-step threshold mechanism to a retail cap for the following reasons: . The two-step threshold involved a short interval (3 years) and the delay in dealing with the applications reduced this even further. . urbanMetrics assessed the proposal by West Diamond to have the first full year of operation for its large-format stores in 2008, and concluded that phasing is not required. . urbanMetrics believe that natural phasing will occur and accordingly the market study was conservative in using a "worst case scenario" (See Section 7.4.5). Actual impacts will likely be less than the "worse case scenario". 7.6.5 Natural phasing of commercial development recognizes that not all of the proposed commercial floorspace will be simultaneously constructed and occupied. Both developers are expected to proceed first with their anchor tenants (i.e. Wal-Mart, Loblaws Superstore, and Home Depot). Medium-format retail space and the smaller retail units will be constructed over a longer period of time. Smaller retail space and single retail pads are constructed for specific tenants, which often commit after the development of the large-format stores has begun. Site development phasing due to infrastructure and road urbanization requirements may also delay the introduction of retail space. Natural phasing would not only be applicable to the West Bowmanville developments but would also occur on the Torgan site (expected to build out over 5 years) and the Courtice Town Centre site owned by Halloway. At the present time, staff is not aware of any plans to proceed with the Courtice Town Centre site. All of this would yield impacts less than those identified in the "worst case scenario". 7.6.6 The important objective in terms of ensuring the viability of downtowns and existing Town and Village Centres will be to ensure that there is an adequate system of control on retail growth in West Bowmanville. Based on the consultants' recommendation to REPORT NO.: PSD-Q27-Q6 PAGE 33 review retail policy issues again in 2010 and for the reasons outlined in Section 7.6.4, the retail cap is considered effective as a threshold mechanism and provides reasonable flexibility to the retail developers to lease up to construct their projects. 7.7 Adjustment to Floorspace Permitted 7.7.1 In moving from the retail thresholds to a retail cap mechanism, staff reviewed the floorspace calculations and definitions of retail and service space. This resulted in an upward adjustment of 5,000 sq. m (54,000 sq. ft.) The June 2005 version of Official Plan Amendment 44 proposed a total floor space limit of 75,000 sq. m. by 2010. The revisions to Amendment 44 now provide for 80,000 sq. m. at 2010, in separate categories as follows: . Retail Space 73,000 sq. m. . Service Space 7,000 sq. m. The changes in the floorspace are the result of changes in definitions, inclusion for potential growth in liquor/beer/wine and specialty food categories and modest changes to the percentage of service space provided for in West Bowmanville. 7.7.2 Staff initially considered increasing the service floorspace by a greater amount, due to the significant growth occurring in West Bowmanville. However, staff decided to take a more conservative approach, providing for the Bowmanville East Town Centre and other areas to attract a greater share of the anticipated service growth. Based on several discussions with urbanMetrics, a total of 45,500 sq. ft. of new personal service floorspace has been provided for in West Bowmanville Town Centre. This is approximately 30% of anticipated new service and other retail space by 2010. 7.7.3 The calculation of the Retail and Service Floorspace Cap is based on the following: Retail and Service Floorspace Limits to 2010 Retail Floorspace Limit Evaluated Retail Space -Existing and Proposed as Recommended1....... 760,000 sq. ft. Existing UBm and Specialty Food2....................................................... 12,600 sq. ft. Provision for additional UBm and Soecialtv Food to 20103................... 12.400 sa. ft. Total Retail........ ............... ........ ....... ........................................ .................785,000 sq. ft. Rounded to ........................ 73,000 sq. m. Service Space Floorspace Limit Existing Service and Restaurant Space2 ....................................................33, 100 sq. ft. Provision for additional Service and Restaurant Soace to 20104................45.500 sa. ft. Total Service Space................................................................................... 78,600 sq. ft. Rounded to ...........................7,000 sq. m. 2 Clarington Commercial Policy Review - Addendum Market Analysis Appendix D (May 9,2005) Clarington Commercial Policy Review: Background Data - August 20th, 2004 Clarington Commercial Policy Review: Addendum Market Analysis (May 9,2005) represents 4 % of estimate of Service and Other Floorspace to 2010 in Appendix C, Clarington Commercial Policy Review: Addendum Market Analysis (May 9,2005) represents 30 % of estimate of Service and Other Floorspace to 2010 in Appendix C, Addendum Market Analysis (May 9,2005) 4 REPORT NO.: PSD-Q27-Q6 PAGE 34 7.7.4 urbanMetrics has confirmed that the figures now incorporated into Official Plan Amendment 44, based on the calculation above, are supportable from a market demand and impact perspective and reflect the advice provided by them (Appendix 7). 7.8 Measures to Protect Role of Downtown Areas 7.8.1 The retail fabric of Clarington's downtowns is primarily comprised of smaller retailers, personal service uses, banks, offices, and restaurants. Many of the retailers are specialized and offer a high level of service. One of the main principles of the Commercial Policy Review is to ensure the health and vitality of the downtowns. In order to protect the planned function of Clarington's downtowns, certain uses and functions would be encouraged to remain in the downtowns. . Banks are important anchors in Downtown Bowmanville. The number of banks permitted in the Bowmanville West Town Centre will be limited to two full service banks (two currently exist in Clarington Centre and Clarington Place). Loblaws has a financial kiosk in its existing development and they will be permitted to maintain their financial kiosk in the new Superstore to a maximum floor space of 50 sq. m.. . Professional office functions are an important component in Downtown Bowmanville. New office or medical/dental space will not be permitted on the ground floor. It will only be permitted if it is constructed on the second or subsequent floor of a building. . Both West Diamond and Halloway propose a number of smaller street-related retail pads along Durham Highway 2. The commercial policies and Zoning By-law propose limits on the number and size of smaller retail units (less than 300 sq. m. or 3,230 sq. ft.) available within new retail development. The West Diamond site will only be permitted to have 3 smaller stores and the Halloway site will only be permitted to have 4 smaller stores. This will reduce the possibility of smaller retailers similar to the downtown from being accommodated within the new developments. 7.9 Conclusions Based on the extensive retail market analysis prepared by urbanMetrics and their ongoing review of information provided by applicants and others, the following market conclusions have been reached: . There is opportunity for all of the proposed new retail and service space in the West Bowmanville Main Central Area by 2010 assuming that the AYT Corporation site is not developed during this period. This includes the opportunity for development to occur in other designated sites in Clarington including the Torgan site, the Courtice Town Centre, and limited development in other locations. . The Wal-Mart and Loblaws Superstore on the West Diamond site would both be able to construct their full stores provided that their first full year of operation does not occur until 2008. The implementing zoning by-laws would not permit occupancy to occur until February 2007, which limits the first full year of operation to 2008. REPORT NO.: PSD-027-Q6 PAGE 35 . There is room for two large-format home improvement stores in the Clarington market, based on the probability of achieving a high recapture rate. Two stores however would have lower sales performance levels than a single store in the short run. . The A YT Corporation proposal would create much higher sales impacts on the East Bowmanville Town Centre than the West Diamond and Halloway projects and it would have very significant short term sales impacts in certain categories. Even after 2010, assuming that the other projects are approved and built, the incremental effect would result in significant sales impacts on existing businesses over the longer term as well. . The use of a commercial floorspace cap or limit provides similar protection to the threshold mechanism and is reasonable and appropriate approach given the short timeframe involved and recognizing the natural phasing of larger projects. . The introduction of certain mechanisms in the Zoning By-law to limit the number of banks, the location of professional and medical office space to second floors of buildings and the limitation of smaller stores in the Street-Related Commercial Zones provide an additional level of protection and distinction of the West Bowmanville space from the historic downtowns. 8.0 PLANNING ISSUES This section will review the major planning issues underlying the recommendations and some other issues that have been the subject of submissions and ongoing discussions with the developers and other parties. 8.1 Urban Structure 8.1.1 Proposed Official Plan Amendments 43 and 44 will continue to direct commercial growth towards existing designated centres. The two amendments provide for an expansion of the Bowmanville West Town Centre as the primary focus of growth in the next planning period. From an urban structure perspective, the preferred policy approach is to concentrate rather than disperse commercial activity to create a higher order centre that provides opportunities for ongoing development and intensification into a full mixed-use centre with potential to be served by public transit. The Bowmanville West Town Centre would grow from approximately 300,000 sq. ft. to 900,000 sq. ft. of total leasable floor area by 2010 providing the largest shopping district in the Municipality. Additional growth could occur after 2010 subject to comprehensive study. 8.1.2 The Bowmanville West Town Centre is located on the Regional Transit Spine which will have the highest level of transit service through Clarington. The location of recreational and cultural facilities, places of worship and higher density residential will allow the area to evolve into a truly multi-purpose central area for Clarington. REPORT NO.: PSD-027-06 PAGE 36 8.1.3 The Bowmanville West Town Centre has the best opportunity to reinforce and support downtown Bowmanville as the historic shopping and service centre for the community. From the intersection at Clarington Boulevard to the intersection at Temperance St. along King Street/Highway 2, the distance is 1.5 km. The Municipality's market analyst noted the close proximity of the new large-format retail stores in relation to the historic downtown which is quite different from the opportunities in most communities. Furthermore, with the revitalization of the Bowmanville Mall and the ongoing redevelopment of the East Business District, there would be a tri-nodal arrangement of shopping facilities that would benefit the historic downtown. 8.1.4 The A YT application for a large-format retail uses at Bennett Road and Highway 401 provides a contrary direction to the urban form and commercial structure objectives. The representatives of A YT Corporation indicated to Council that their goal was to provide Council with a choice of opportunities between large-format centres; one near Highway 401 and the staff preferred location expanding on Bowmanville West Town Centre. The market research does not support such a large expansion and, even if it were to be considered for a deferred development opportunity, it should be part of a comprehensive review undertaken at a later point in time when other options could be evaluated for such a large commercial node. It may be more appropriate to consider other locations, in the context of future expanded urban boundaries. 8.1.5 Other than the proposed expansion of the Bowmanville West Town Centre to incorporate the Highway Commercial Area and some adjacent lands, it is recommended that no new Centres or Districts, additional expansions to Town and Village Centres or significant commercial areas should not be created over the planning period and should only be considered through a comprehensive planning process. For clarity, this would not prevent the designation of additional Neighbourhood Centres as the result of neighbourhood planning studies. 8.1.6 From an urban structure perspective the preferred policy approach is to concentrate commercial uses in existing commercial centres. The expansion of the West Bowmanville Town Centre by inclusion of the West Diamond lands implements this approach. The existing Centres, as designated in the Official Plan, are and will be central to the growing population. In addition they form the 'nodes' along Clarington's main street, a key element of the long term urban structure objectives. The potential commercial development should be focused, not dispersed which, among other things provides better opportunities for transit and an opportunity to create a strong sense of place and identity. This approach is dependent upon, and assumes the achievement of, the land use, urban design and transportation objectives of Clarington. 8.2 Downtowns 8.2.1 There are three heritage downtowns in the urban areas of Bowmanville, Newcastle, and Orono. Each one of these heritage downtowns is represented by a Board of Management of a Business Improvement Area - BIA. The three heritage downtowns have also been identified as potential Community Improvement Areas in the Clarington Official Plan. REPORT NO.: PSD-027-06 PAGE 37 8.2.2 Through the process of the Commercial Policy Review, staff considered the policy framework that guides planning decisions to ensure the viability of Clarington's heritage downtowns. This is mandated by the Provincial Policy Statement (PPS) and reinforced through the Clarington Official Plan. For example, the Official Plan's economic development policies "encourage new retail and commercial developments, while promoting traditional downtown areas as distinctive and attractive locations for retail, office, institutional, tourism and civic purposes". The objective of the Municipality through its planning policies has been to achieve a balance between additional retail space warranted by Clarington's population growth and the continued viability of the heritage downtowns. The recommendations of this Commercial Policy Review reflect this balance. 8.2.3 Over the last eighteen months, staff, and the market consultants retained by the Municipality met numerous times with representatives of the three Business Improvement Areas. At these meetings, staff and consultants shared the preliminary site plans and market report findings with representatives of the BIAs and explained the planning process for the proposed developments. In January 2006, the Municipality received a letter from the Chair of the Bowmanville Historic Downtown BIA outlining their concerns with the proposed commercial development in the West Bowmanville Central Area. In their letter, The Board of Management does not question the need for the development, the market impact of the new retail/service space on the viability of the historic downtown over time, the type of stores, nor is the Board concerned with the appropriateness of the location; rather the Board is mainly concerned with the timing of the development. The BIA suggests that the development should only proceed when Clarington reaches the necessary population thresholds to support additional retails/service space and should not be built as one single project in 2007. The market-related concerns of the Bowmanville BIA are addressed in Section 7. 8.2.4 The Orono BIA does not have any objections to the development proposed through Official Plan Amendments 43 and 44. At the time of the writing of this report, the final position of the Newcastle BIA is not known. 8.2.5 The Municipality has provided support for the heritage downtown areas over the years and through the consideration of the current expansion proposal in a number of ways as follows: . Streetscape and parking area improvements. . Community Improvement Plans. . Funding from development interests to support BIA initiatives. These initiatives are reviewed in subsequent sections. REPORT NO.: PSD-027-06 PAGE 38 8.2.6 The Municipality has demonstrated its commitment to ensure a strong and vital downtown in Bowmanville. Beyond the traditional streetscape improvement projects recently completed in 2005, the Municipality expanded the municipal facilities including a new main central library. This year, the Municipality will undertake the King Street Fagade to fill a "gap" in the street-wall in the heart of the Historic Downtown. 8.2.7 The Municipality has recently resolved to build a new library facility in downtown Newcastle, reinforcing it as a destination place. 8.2.8 In 2005, Council adopted the Community Improvement Plans for Bowmanville and Orono downtowns. The Community Improvement Plan for Orono recommends a municipal grant program for improved signage, fagade renovations, additional municipal parking, and streetscape initiatives. For the Bowmanville East Town Centre, including the Historic Downtown, the Community Improvement Plan recommends financial incentives through development charges for the redevelopment of Brownfield sites, housing intensification, and conversion to mixed use. Another set of incentives are provided through a municipal grant program to offset the fees for building permits and site plan. Grants are also available for fagade improvements and Building code updates. In 2005, almost $35,000 in grants have been approved in Orono and Bowmanville under the grant programs established in the Community Improvement Plans. The grants have provided for projects that would result in enhanced commercial facades, new signage and improvements to heritage buildings in historic downtowns. 8.2.9 Staff recognizes that Newcastle is the only heritage downtown in Clarington without a Community Improvement Plan. Therefore, staff is recommending to Council that a CIP be prepared for this area in 2007 and that similar grant and incentives programs be extended to Newcastle. 8.2.10 As part of the negotiations with the developers in West Bowmanville, the Municipality obtained a commitment for $670,000 to be paid to the Municipality for the use of the three BIA's. This commitment from West Diamond and Halloway could be used to fund marketing programs or other assistance to the BIAs and to assist in funding grant programs under the community improvement plan. This funding from the developers was made conditional that the BIA's would not appeal or support an appeal to the OMB relating to the planning documents. Summary 8.2.11 Heritage downtowns are facing stiff competition from large-format centres, all of which are now located outside of Clarington. Bowmanville and other heritage downtowns have to adjust and focus on their niche markets and strengths in service. As noted in REPORT NO.: PSD-027-06 PAGE 39 Section 7.2 above, this competitive pressure will continue whether large-format centres located within or outside of the community. 8.2.12 Based on the market analysis commissioned by the Municipality, we can conclude that any possible negative impact will be ameliorated by additional population growth, municipal initiatives and implementation of the Community Improvement Plans, the marketing and special event initiatives of the BIAs, and the repositioning of the downtown retail stores to better compete with new stores in the community. 8.2.13 It is recommended that a community improvement plan study be undertaken for Newcastle in 2007. 8.3 Commercial Uses in Employment Areas 8.3.1 The Clarington Official Plan currently permits large-format retail uses in industrial areas by amendment to the Plan, and subject to various tests. The proposed policies contained in Amendment 43 at the June 13th, 2005 public meeting proposed a more limited policy, limiting the potential permission to a home improvement centre. Based on additional review of this policy, Staff are recommending that all large-format retail use permissions in industrial areas be removed from the Plan. 8.3.2 The Clarington Official Plan sets employment targets and seeks to achieve balanced growth. The employment targets for Bowmanville are set at 23,500 jobs by 2016. The Plan has the objective of obtaining 1 job for every 3 residents by 2016. In 2001, the jobs/population ratio in Clarington was 25% or one job for every 4 residents, which is below the Plan's target. 8.3.3 Jobs in the commercial sector are largely tied to local residential growth and generally increase over time as the retail and service industry expands to serve additional population. By contrast, industrial uses are much less dependent on local residential growth, Industrial location factors include proximity to market, transportation infrastructure, available skilled workforce, labour rates, energy rates, and many other factors. Communities are now competing for industrial growth on a global scale. 8.3.4 In order to meet our jobs/population target and to compete for industrial growth, sufficient and good quality industrial lands need to be preserved, even if development of these lands occurs over a longer timeframe. The employment targets in Clarington's Official Plan cannot be met without significant non-commercial employment growth. While a big box retail centre would also create jobs, employment of this nature is often not as highly skilled and therefore not as highly paid. They would not assist in diversifying the Municipality's economy and may, if floorspace is advanced too early, result in a decline in jobs in existing commercial areas. In contrast, industrial development creates spin-off employment which helps to support retail jobs in the community. REPORT NO.: PSD-Q27-06 PAGE 40 8.3.5 While Durham Region in general and Clarington specifically have had difficulty competing for industrial employment in comparison with areas west of Toronto, there are changes on the horizon that will increase our opportunities: . The University of Ontario Institute of Technology has been established to develop into a center for excellence in technology. The presence of the University will act as a catalyst for new investment, particularly in the automotive and energy technology sectors. The University's mandate includes a significant research and commercialization of technology developed through its various industry partnerships; . Highway 407 will be built over the next decade providing important new infrastructure; . A new airport in Pickering will gradually lead to spin-offs and be an advantage for certain industries; . The Province's Growth Plan will need to provide supports for a better live-work balance to address the gridlock created by extensive commuting; and, . The presence of the biotech sector in Clarington can be a catalyst to attract similar high-profile businesses to the area. 8.3.6 There are four primary concerns with the potential conversion of industrial lands to commercial uses: . The pressure for conversion of industrial lands is a GT A wide phenomena and a longer term view is essential to preserve opportunities for future economic prosperity, employment diversity and live-work relationships; . Unlike other municipalities in Durham, Clarington will have no opportunity to designate new industrial lands along the Highway 407 corridor; . A comprehensive study of employment land needs, which has not been undertaken, is necessary prior to considering any conversion; and, . Clarington has a limited supply of prestige Highway 401 industrial land frontage. The conversion, especially along Highway 401, will create a domino effect, leading to conversion pressure on adjacent lands. 8.3.7 Across the Greater Toronto Area, there is concern with the impacts on the Greenbelt and the Growth Plan on the competition for serviced land. There has been a noticeable trend to convert some key employment lands to residential or major commercial uses due to the higher value for those uses. This has led to concerns about the loss of employment lands and the ability to provide opportunities for employment areas over the longer term. As a result, this issue was addressed in part through the new Provincial Policy Statement, effective March 1, 2005. The Provincial Growth Plan is addressing the matter further through its Places to Grow initiative. REPORT NO.: PSO-Q27-Q6 PAGE 41 8.3.8 The loss of employment area lands with highway frontage will provide only inferior industrial sites inboard from the transportation corridor. Unlike other parts of Durham, Clarington will have no opportunity to designate new employment lands along the Highway 407 corridor. 8.3.9 For the above reasons, staff are recommending that policies allowing the conversion of industrial land for commercial uses be removed from the Clarington Official Plan and that the A YT Application be denied. 8.4 Home Depot Store 8.4.1 At the meeting on July 15, 2005 Council directed staff to consider the Home Depot proposal along the west side of Clarington Blvd. Home Depot has offered to provide mitigating measures to the concerns raised by staff in the letter submitted by their consultant on July 13, 2005 by agreeing to construct a LEED certified building and various architectural enhancements. Many of these changes would require adjustments to the standard operating practices of Home Depot. 8.4.2 In the preparation of the planning documents, staff have been cognizant of the representations made by Home Depot and have included them in the Official Plan and Zoning By-law amendments. Some of the key elements are: . Only an 80 sq. m. (860 sq. ft.) outdoor display area is permitted. . A 930 sq. m. (10,000 sq. ft.) seasonal garden centre is permitted. . The outdoor storage area is fully enclosed on three sides and will be incorporated into the back of the garden centre. . The display of sheds will only be permitted within the garden centre. All of these provisions will require strict enforcement. 8.5 Service Stations 8.5.1 The West Town Centre Secondary Plan does not provide for service stations at key intersections along Highway 2, speCifically at Regional Road 57, Clarington Boulevard and Green Road. Service stations do not support the pedestrian retail objectives of the Street-Related Commercial designation. 8.5.2. During the Commercial Policy Review, Canadian Tire has made enquiries with respect to the property on the south-west corner of Regional Road 57 and Highway 2. They are proposing to develop this site for a combination service station and drive-through restaurant. 8.5.3. This proposal is not consistent with the Secondary Plan provision or with the Municipality's objective to see a significant office development on this corner to provide a variety of employment opportunities. REPORT NO.: PSD-027-06 PAGE 42 8.6 Parking Standards 8.6.1 The parking standards for large-format developments introduce a minimum and a maximum parking space standard. While this still provides a wide range for the stores, for the first time, it starts to put a limit on the number of parking spaces. Over time, staff would like to reduce this standard to ensure there is not an over supply of parking and to encourage transit use. 8.6.2 Staff have introduced other improvements to the parking provision of the Zoning By-law including requirements for disabled parking and bicycle parking at all new stores. 8.7 Garden Centres and Outdoor Display Uses 8.7.1 Most of the large-format stores have indicated a need to provide for permanent and seasonal garden centres and outdoor display areas. As Council will recall, staff had concerns with the Home Depot outdoor display area, which includes sheds, hot tubs, fence sections, and rental dumpsters. In staff's view, this would be detrimental to the street environment particularly along Clarington Boulevard. Home Depot has incorporated much of their outdoor storage and display areas within the fenced structure along Clarington Boulevard. 8.7.2 The Zoning By-law prohibits outdoor display and storage area on these lands except where specifically provided for. Since all three large-format stores desire outdoor display and/or garden centre uses on their lands, specific provisions have been negotiated with each use. Both Home Depot and Wal-Mart will have 80 sq. m (900 sq. ft.) outdoor display areas. In addition, Wal-Mart is permitted a 900 sq. m. garden centre and Home Depot is permitted a 1,630 sq. m. garden centre. Loblaws Supercentre will utilize the area under the canopy of the mezzanine for outdoor display. 8.7.3 Seasonal garden centres are proposed on each of the sites, ranging from 10,000 sq. ft. to 15,000 sq. ft in size. These are provided for in the Zoning By-law amendments. They are restricted to 90 days annually, despite requests for longer openings. In staff's view, 90 days at the start of the garden season is sufficient and thereafter, garden supplies should be removed from the parking areas and located within the permanent garden centres or outdoor display areas. 8.8 High Density Residential 8.8.1. The existing Secondary Plan for West Bowmanville provides for the development of higher density residential uses along Prince William Boulevard. The current policies limit building height to 6 storeys and unit density to 150 units/hectare. The housing targets for the Bowmanville West Town Centre are 1,500 high density apartment units. 8.8.2. A submission for increased density was received from the Kaitlin Group for its high density land holdings within the Bowmanville West Town Centre. They have requested that the building height be doubled to 12 storeys and that the residential density also be doubled to 300 units/hectare for the following reasons. REPORT NO.: PSD-027-06 PAGE 43 . The current density and height provisions will not allow the housing targets to be fulfilled, given the available land designated for high density residential development. . A building height of 6 storeys is not a cost effective building height for the installation of underground parking. In order to offset these costs, additional density and height are necessary. 8.8.3 Based on a review of the submission, the Secondary Plan provides for two levels of higher density development. For the Mid High Rise Density the density and building height policies are proposed to be doubled to 300 units/hectare and 12 storeys respectively for the following reasons. . The 2005 Provincial Policy Statement and proposed Provincial Growth Plan promote a variety of housing types, intensification and increased residential development densities. . Higher residential densities in this area are compatible with and supportive of existing and proposed land uses including future higher order transit. . The Municipality's transportation consultant has indicated that these densities can be accommodated by the existing and proposed road network. Higher residential densities will assist in evolving the area into a strong animated pedestrian retail environment. . Staff agree that the current densities do not permit cost effective underground parking development. Increasing the density and building height should improve this situation. 8.9 Public Use Facility on West Diamond Site 8.9.1 At the time of the adoption of the Clarington Official Plan, the Kaitlin Group proposed that lands on the north-east corner of Highway 2 and Green Road (approximately 20 acres of the current 29 acre West Diamond site) be used for Highway Commercial uses including those of a semi-industrial nature. As part of their proposal, the proponents offered Council a 0.5 ha (1.24 acre) site for a tourist information centre. This commitment was incorporated into the Official Plan as a requirement for a public use facility through the policies for Special Policy Area H - West Bowmanville Gateway. 8.9.2 This provision was retained in the version of Amendment 44 presented at the public meeting on June 13, 2005. The Municipality had no current plans to construct a public use facility in this location. In negotiating a settlement with West Diamond, staff have provided for the release of this obligation in return for a payment to the Municipality of $150,000. REPORT NO.: PSD-027-06 PAGE 44 9.0 TRANSPORTATION ISSUES 9.1 Grid Street System 9.1.1 Totten Sims Hubicki undertook a strategic review of transportation requirements for the area based on their earlier work in 1999, a review of the traffic reports submitted by the development proponents and discussions with the Study Team. The main transportation network currently proposed for the Bowmanville West Town Centre is based on King Street/Durham Highway 2 (Highway 2), Regional Road 57 and Green Road serving as designated arterial roads. These roads in turn are served by a system of collector roads, local streets, and private streets in a grid road pattern with blocks to provide access throughout the area. 9.1.2 The development of the grid road system is critical to the established vision and function of Highway 2 as a "main street" through the Bowmanville West Town Centre. The minor roads making up the grid allow for flexibility in access and internal traffic circulation, and alternative routing for local trips. When fully developed, the grid system will facilitate a reduction in traffic demand along Highway 2, and specifically a potential reduction in the turning movements at the signalized intersections. 9.1.3 The strategic transportation review considered the residential areas to the north and south of the Bowmanville West Town Centre, and identified the need to provide alternative routes to complement the major arterial roads. The north-south grid road links extend from the West Bowmanville area into the northerly areas and intersect with a newly proposed Brookhill Boulevard and the planned extension of Longworth Avenue. 9.1.4 The strategic transportation review also considered linkages between the commercial and residential areas, future transit service and routing, emergency access, school transportation requirements, and the desired flexibility in route choice for commercial and residential traffic. Addressing those transportation requirements in a the context of a system has confirmed and defined the role and function of Highway 2 as a "main street" according to the vision established by the Official Plan. 9.1.5 As retail commercial growth occurs it will be critical to ensure that transportation network capacity can accommodate new growth in a safe and efficient manner. Although the Municipality has been able to implement both public and private components of the transportation network where development has occurred, missing links within the grid put added pressure on existing roads. Some of the missing links within the Bowmanville West Town Centre, include alternate east-west connections to Highway 2, between Regional Road 57 and Green Road, such as Prince William Drive and Uptown Avenue. Similarly, the construction of the Green Road underpass and extension to Baseline Road, and the extension of Clarington Boulevard north to connect with an extended Longworth Avenue are all components that will allow for the successful development of the Bowmanville West Town Centre. REPORT NO.: PSD-027-06 PAGE 45 9.2 Brookhill Boulevard - A New East-West Collector 9.2.1 The strategic review undertaken by TSH identified the need for a new major east-west collector road to serve both the growing development within the Bowmanville West Town Centre, as well as the growth planned for the Brookhill residential neighbourhood abutting to the north. The proposed new road has been identified as Brookhill Boulevard and is to be located immediately abutting or slightly north of the Bowmanville West Town Centre providing a connection between Regional Road 57 and Boswell Drive along the west limits of the Bowmanville urban boundary. Brookhill will be located far enough north of Highway 2 to allow for signals where it intersects with Regional Road 57. 9.2.2 Brookhill Boulevard will be an important link in the transportation grid but will only be constructed in conjunction with residential development to the north. Negotiations with West Diamond have provided for Brookhill Boulevard to be constructed in the first phase of its residential development to the west of Green Road. East of Green Road, the easterly portion of the Brookhill Boulevard alignment is not within lands in the ownership of 1613881 Ontario Inc. which is associated with West Diamond. 9.2.3 The Principles of Understanding with West Diamond and 1613881 Ontario Inc. (Section 11), provide for a traffic study to examine the need to complete Brookhill Boulevard from Regional Road 57 to Green Road at the time of the development of 1613881 Ontario Inc.'s lands east of Green Road and north of the Clarington Central Secondary School. If the study concludes that there is a need for the road to be constructed from Green Road to Regional Road 57 before residential development proceeds east of Green Road, the construction of this road will become a condition of draft plan of subdivision approval so that premature residential development does not take place. Although this does not guarantee completion of the road east of Green Road within a specified time frame, it will assist to the development of the needed linkages in the grid system. 9.3 Uptown Avenue and Stevens Road 9.3.1 The 1999 strategic review of transportation requirements for the Bowmanville West Town Centre by TSH identified the need to provide a continuous east-west link between Regional Road 57 to the east and Boswell Drive to the west, north of Highway 2, to serve the proposed development within the Secondary Plan area. That northerly east- west collector was provided for on a curvilinear alignment to connect to the existing section of Uptown Avenue. It was viewed as an important link to the commercial development as well as the recreational and institutional uses associated with Garnet B. Rickard and the Ken Hooper Fire Hall. 9.3.2 Through the recent transportation review associated with this Study, staff and TSH recommended that the Uptown Avenue alignment be maintained between Regional Road 57 and Green Road. This alignment was provided for in Official Plan Amendment 44 as presented to Council in June 2005. On July 15, 2005 Council decided to replace the Uptown Avenue minor collector road by extending Stevens Road generally along the unopened road allowance south of the Clarington Central High School. REPORT NO.: PSD-027-06 PAGE 46 9.3.3 From a transportation perspective, a relief road on the Stevens Road alignment will provide many, but not all, of the same functions as the Uptown Avenue alignment as a minor collector road. However, the Stevens Road alignment has an additional cost premium to the Municipality that was not previously identified as a result of its longer length and land acquisition costs, or alternatively relocation of the skateboard park. This matter was previously reviewed in Addendum 2 to Report PSD-077-05. 9.3.4 Staff have revised Official Plan Amendment 44 on the basis of Council's direction and addressed the issue of costs in the negotiations with the developers which results in the recommended Stevens Road Extension Agreement with the Municipality (Section 11). 9.4 Funding and Timing of Construction of Stevens Road Extension 9.4.1 The Stevens Road Extension is estimated to cost $ 1.7 million from Regional Road 57 to Green Road. The most expensive component is the culvert works for crossing the Brookhill Creek tributary. The proposed funding arrangements are as follows: . Green Road to Clarington Blvd. - Developer's Share at $596,000 . Clarington Blvd. to Regional Rd. 57 - Municipal Share at $1.1 million The Municipal share is funded through development charges. The municipal share includes either land acquisition or relocation of the skateboard park. 9.4.2 The Stevens Road Extension Agreement is reviewed in Section 11 of this report. It addresses the obligations of the Municipality, Halloway and West Diamond with respect to this project and provides for phased construction. The Municipality will be responsible to undertake the design and construction of the entire Stevens Road extension, including the developer-funded section. 9.4.3 The Director of Engineering Services has advised that it would be desirable for the Stevens Road extension to be opened for traffic prior to or about the same time that the first store is proposed to be constructed for retail commercial or service uses, located on either the Halloway or the West Diamond site. However, this may not be possible if a delay results from completing the environmental assessment and design work, the short construction window for the culvert works on the Brookhill tributary (July 15 to September 15) and the coordination of road improvements with the Region at Regional Road 57. In these circumstances staff recommend that the Municipality accept responsibility for the timing of the construction of the road, on the understanding that it may be up to a year after the opening of the first large-format retail store on the West Diamond and Halloway lands. 9.4.4 The Municipality proposes to commence construction of Stevens Road as soon as is reasonably practicable following final approval of Official Plan Amendment 43, Official Plan Amendment 44, the Zoning By-law amendments and the required Environmental Assessment. Design work will be undertaken in 2006. REPORT NO.: PSD-027-06 PAGE 47 9.5 Other Public Infrastructure Improvements 9.5.1 Within the Bowmanville West Town Centre, the transportation infrastructure required to support continued growth includes expenditures from the Region, the Municipality, and the private sector. Intersection improvements along Highway 2, including signalization at Boswell Drive and Green Road are required. Boswell Drive south of Highway 2 must be reconstructed as part of the intersection improvements and the extension of Boswell Drive northerly. In addition, the median requires extension along Highway 2 from the existing limits just east of McDonald's all the way to Boswell Drive. Under their Principles of Understanding with the Municipality (Section 11) the developers are required to enter into a arrangements with the Region of Durham for the Highway 2 improvements. The Municipality will be responsible for installing sidewalks and street lighting along Highway 2. 9.5.2 The transportation review also considered the Municipality's plans to construct the grade separation and road improvements for Green Road. Council has authorized staff to commence the Green Road grade separation with design work in 2006 and construction in 2007. 9.6 Private Street Network 9.6.1 The requirement for private streets, as contained in Bowmanville West Main Central Area Secondary Plan, has been carried forward into Amendment 44. The new private streets required on the north side of Highway 2 are as follows: . A continuation of Stevens Road from Green Road across the front of the large- format stores on the West Diamond site; . A north-south road accessing the centre of the West Diamond site at Highway 2 and connecting with the east-west private street which is an extension of Stevens Road; and . A north-south road accessing the centre of the Halloway site connecting Highway 2 with Stevens Road. 9.6.2 There is a two-fold purpose for private streets. The private streets provide the major access points to commercial developments. In the short term, private streets will look and function as much as possible as an extension of the public street network, thus contributing to overall traffic circulation in the area. However, over the longer term, private streets will be suitable for assumption as public roads as the area redevelops and intensifies. This will provide a finer grid public road system which can eventually be incorporated into the public road network without insurmountable obstacles. To this end the Municipality requires "options to purchase" for the private roads which could be exercised in a redevelopment situation when the floor space index exceeds 0.4. 9.6.3 To effectively implement this objective greater detail has been added to the Secondary Plan and the private street network is addressed in the agreements with the West Diamond and Halloway. REPORT NO.: PSD-027-06 PAGE 48 9.6.4 While the north-south streets on both the West Diamond and Halloway sites can be built in a similar manner to a public street with limited access points. The traveled lanes, sidewalks and boulevards would be centered within the 18 to 20 m road allowance. The same cannot occur for the east-west street in front of the large-format stores. The road allowance incorporates the landscaped parking islands and extends into the parking area. At such time as intensification occurs, the parking configuration would be changed with buildings and decked or underground parking. In this instance, the required minimum right-of-way width would be secured. 9.6.5 Since one of the purposes for the private streets is to provide a future finer grid of public streets in the future, private streets should align with other public or private streets. This is accomplished with the east-west private street on the West Diamond site intersecting with Green Road at Stevens Road. However, the Halloway proposal does not achieve this objective. The proposed location and configuration of the Home Depot store pushes the north-south private street accessing the Halloway site further west than the existing private road on the south side of Highway 2 by the McDonalds in the Clarington Centre. 9.6.6 Three options were reviewed as part of the proposal for the Halloway development (See Attachments 13, 14, and 15). Option 1 Align street on Halloway site to private road on Loblaws site at Clarington Centre south of Highway 2. Option 2 Require the private road at the Clarington Centre to be realigned with the private road to the north on the Halloway lands. Option 3 Accept the potential off-set intersection. If Council supports the Home Depot store in its proposed location and configuration, there is no solution which would provide for the private streets to align without Loblaws cooperation, which is not forthcoming. Therefore Option 3 is the only viable option. 9.7 Release of Contractual Obligations of Halloway for Uptown Avenue 9.7.1 Halloway assumed a development agreement for the construction and dedication of a portion of Uptown Avenue for a distance of approximately 94 metres west of Clarington Boulevard. With the Council's decision to relocate the northerly east-west collector road along the Stevens Road alignment and, more particularly, to locate the Home Depot store along Clarington Boulevard, the extension of Uptown Avenue westerly was no longer feasible. In negotiations with Halloway, it was agreed to release it from this obligation to construct and dedicate the road and to transfer a 0.3 m reserve in return for payment to the Municipality of $200,000. This matter is covered in the Principles of Understanding between the Municipality and Halloway (Section 11). REPORT NO.: PSD-027-06 PAGE 49 10.0 URBAN DESIGN POLICY ISSUES 10.1 Introduction 10.1.1 The framework for the Bowmanville West Town Centre Secondary Plan is based on the integration of land use, transportation and urban design. This requires a strong commitment to creating a strong sense of place with a mix of uses, In order to achieve this there needs to be a clear urban design vision and policies for the Bowmanville West Town Centre. 10.1.2 The inclusion of detailed urban design policies within the Secondary Plan, particularly the inclusion of numeric standards, created a high level of concern for the development proponents. While not objecting to most of the general principles, there was concern to provide greater flexibility in the Official Plan. 10.1.3 The urban design policies were also reinforced in the Zoning By-law, where a number of the critical elements were developed into performance criteria. Among the most important are: . The articulation of facades with projections and recesses. . The articulation of rooflines. . The location of doors in relation to the street. . The percentage of the building facades with glazing. . Parking lot landscaping. These criteria were developed to provide for a high level of urban design in developing big box stores, to activate the street frontages as interesting places and to break up the larger parking lots with landscaping. 10.2 Small-format Stores on Highway 2 Frontage 10.2.1 One of the key objectives, particularly in light of locating the Home Depot along Clarington Boulevard, is the creation of a strong street presence and improved pedestrian environment with buildings along Highway 2. The large-format stores are to be set-back on the Halloway and West Diamond sites. The front portion of both sites is now designated Street-Related Commercial. The Secondary Plan requires that 50 % of the street frontage be occupied by buildings to help establish a sense of a street edge. Ideally, it would be better to have a higher proportion of the street frontage occupied by buildings but current traffic speeds, store format requirements and on-site parking requirements make it difficult to achieve this. Zoning standards require the buildings in the Street-Related Commercial Area to be built close to the street edge. 10.2.2 It is not simply enough to locate buildings along the street edge; they must have an interesting and animated street presence. Street edge buildings should not have blank walls. To this end, the urban design policies and zoning regulations require, among other things: REPORT NO.: PSD-027-06 PAGE 50 . Most stores are to have a direct street entrance. . 40 % of the street-level fac;:ade to have transparent glazing. . Articulation of the building fac;:ade and roofline. . At least 50 % of the buildings to have canopies over entrances. . Corner buildings to have building elements like towers, bays or other details that emphasize their importance. 10.2.3 Drive-thru facilities and service stations are not permitted along the Highway 2 frontage in order to reinforce the pedestrian character of the area. 10.3 Large-Format Stores 10.3.1 New large-format buildings within the Bowmanville West Town Centre require a combination of building fac;:ade recesses and/or projections. The zoning regulations provide for: . Building articulation on stores with building facades greater than 30 metres shall include a combination of projections or recesses having a minimum depth 1.0 metre and extending a minimum of 20% of the building facade. Articulation of the building facade must occur a minimum of every 30 metres. . The roofline is required to vary in height by at least 1.2 m for a minimum 20% of the roofline length. . Large-format stores must have a minimum 20% of the primary building fac;:ade constructed of transparent glass. . Medium-format stores shall construct a minimum 40% of the primary building fac;:ade of transparent glass. . Other facades of the building facing a street shall incorporate a minimum of 10% fenestration. 10.3.2 Since June of 2005, there have been negotiations with the representatives of the proposed Wal-Mart, Loblaws Superstore and Home Depot facilities on the urban design policies. In each case the Zoning By-law has been tailored to recognizing the building elevations that have been proposed and revised during discussions with staff. The elevations of each of the three large-format stores meet the intent of the urban design policies. REPORT NO.: PSD-027-06 PAGE 51 11.0 AGREEMENTS WITH WEST DIAMOND AND HALLOWAY 11.1 Introduction 11.1.1 Integral to the implementation of the Official Plan Amendments and Zoning By-law amendments recommended in this report are the following agreements: . Principles of Understanding between the Municipality, West Diamond and 1613881 Ontario Inc. ("West Diamond Principles") (Appendix 10). . Principles of Understanding between the Municipality and Halloway ("Halloway Principles") (Appendix 11). . Stevens Road Extension Agreement between the Municipality, West Diamond and Halloway (Appendix 12). . Indemnity Agreement between the Municipality, West Diamond and Halloway (Appendix 13). 11.1.2 It should be noted that following Final Approval of the relevant Planning Documents, the granting of provisional consents to divide and the approval of a draft plan of subdivision of relevant lands, as well as site plan approvals under the Planning Act, additional agreements will be required to be made to implement certain of the provisions of the West Diamond Principles and the Halloway Principles. 11.1.3The full texts of the agreements referred to in Section 11.1 with the exception of the Schedules are contained in the Appendices 10 to 13 to this report. A description of the purpose of the principal provisions of them follows. The description begins provisions that are common to both the West Diamond Principles and the Halloway Principles. It is followed by a description of the principle provisions that are unique to the West Diamond Principles and the Halloway Principles, respectively. Brief descriptions of the Stevens Road Agreement and the Indemnity Agreement follow in the next sections of this report. 11.2 Principles of Understanding: Common Provisions 11.2.1 The West Diamond Principles and the Halloway Principles contain certain provisions common to both Principles of Understanding that while different in detail are essentially similar in purpose. Each also contains other provisions that are unique to the particular development and properties. 11.2.2 The West Diamond Principles and the Halloway Principles contain copies of a Concept Plan for Development of the particular owner's commercial lands which are an important component of the development control strategy. The Concept Plan for Development in each case shows the location of private roads, the conceptual deployment of buildings including parking and associated facilities on each of the sites. For the proposed Wal- Mart, Loblaws Supercentre and Home Depot buildings elevation drawings that have been negotiated with staff are included as part of the relevant Concept Plan for Development. REPORT NO.: PSD-027 -06 PAGE 52 11.2.3 The Concept Plans for Development are umbrella plans applying to the entire area of each of the West Diamond and Halloway commercial lands. These plans are consistent with and implement the urban design policies of Official Plan Amendment No. 44 and the applicable urban design performance standards of the recommended Zoning Amendments. Site plans for development of individual projects submitted for approval under Section 41 of the Planning Act, are required to be consistent with the applicable Concept Plan for Development. Among other things, this requirement will assist in ensuring that comprehensively planned development of each owner's commercial land will occur through the site plan approval process under the Planning Act reinforced by the requirement that site plan agreements be made by the owner with the Municipality. 11.2.4 Under each of the Principles, the Municipality is granted an option to purchase for a nominal consideration private roads for the purpose of dedicating them as public streets when the intensity of development of floor space on specified areas exceed 0.4 times. This is important in achieving the ultimate planning goal of establishing a grid network of public streets when intensification occurs in the future. 11.2.5 Each of the Principles prohibits the construction of buildings until either a consent to divide is granted or a plan of subdivision is approved. Each provides for the making of a subdivision/consent agreement to ensure that relevant provisions of the Principles are reflected in a statutory agreement that when registered on title will bind successors of the owner. 11.2.6 The two Principles contain similar provisions conditioning the obligation to perform certain duties on "Final Approval" of the relevant "Planning Documents" being received. Final Approval will occur if there are no appeals on the expiry of the appeal period respecting the applicable Official Plan and Zoning By-law amendments. If there is an appeal, Final Approval will be achieved when the OMB or the Court resolves the appeal in favour of the Amendments. 11.2.7 Additional common provisions provide each of the owners with the rights to have their Principles unwind if an appeal is taken to the OMB, and to terminate the Principles within 3 years following Final Approval. The right to terminate could be exercised, for example, if the owner was to decide that development no longer is practical. If the right to unwind or to terminate is exercised, each owner has agreed that he will not object to the Municipality repealing the applicable Planning Documents. 11.2.8 The exercise of the right of an owner to unwind or terminate does not affect that owner's duties to pay for the release of the public use land or the transfer of reserve lands and the release of registered agreements from the title to the proposed Home Depot lands as discussed below. The exercise of the right to terminate also does not affect the BIA payment if certain conditions are met by the BIAs and their members. This is also discussed below. REPORT NO.: PSD-027-06 PAGE 53 11.2.9 The exercise of the right to terminate will not terminate certain covenants of West Diamond respecting the provision of Boswell Drive and Brookhill Boulevard as provided for in the West Diamond Principles and discussed in Section 11.3.2, although an amendment will be deemed to be made to the provisions respecting Boswell Avenue from Highway 2 north to the north limit of West Diamond's commercial lands. 11.2.10 Under both Principles the owner is required to require purchasers, mortgagees and long term lessees of the lands subject to the Principles to enter into an agreement with the Municipality assuming relevant obligations of the owner before completing the transaction. Provision is made for the assumption agreement requirement to terminate when the Municipality in effect is made secure by other means that the intent of the applicable Provisions will be achieved. 11.2.11 With regard to the recommended development control strategy, Official Plan Amendment 44 provides for the use of the H (Holding) symbol in the Zoning of the West Diamond and Halloway properties. Each of the Principles provides criteria for the removal of H (Holding) Symbol that are intended to ensure that the objectives of the Plan will be achieved or secured before land is released for development. Each of the Principles provides for the deletion of the H (Holding) symbol, in effect, only when the critical provisions of the Principles designed to achieve the Plan objectives have been satisfied. 11.3 West Diamond Principles of Understanding: Unique Provisions 11.3.1 The individual Principles also contain certain unique provisions as well. A brief description of them follows. 11.3.2 The West Diamond Principles address the timing of the construction of Boswell Avenue from Highway 2 to the north limit of the West Diamond commercial lands so that it and any necessary intersection improvements on Highway 2 are constructed in conjunction with the construction of the large-format retail stores. The timing of construction of Boswell Avenue by West Diamond from the north limit of the West Diamond commercial lands to Brookhill Boulevard and Brookhill Boulevard from Boswell Avenue to Green Road are required to be undertaken in conjunction with the first phase of development of the Brookhill Residential Neighbourhood. Boswell Avenue and Brookhill Boulevard are important components of the planned grid road network. 11.3.3 1613881 Ontario Inc. (1613881) which is associated with West Diamond is the owner of the westerly portion of the land north of the Clarington Centre High School between Green Road and Regional Road 57. The westerly portion of Brookhill Avenue will run through part of 1613881 lands. 1613881 was represented by West Diamond in the negotiations. Provision is made in the West Diamond Principles for a traffic study to take place to determine in effect when Brookhill Boulevard must be extended from Green Road to Regional Road 57 and whether 1613881's land can take place before construction of the extension occurs. REPORT NO.: PSD-027-06 PAGE 54 11.3.4 The West Diamond Principles provide for the payment to the Municipality of $150,000 in exchange for the deletion of the public use facility commitment discussed earlier in this report. The payment is to be made when Final Approval of the relevant Planning Docu ments is received. 11.3.5 The West Diamond Principles also provide for the payment to the Municipality of $600,000 (with indexed adjustments according to the Consumer Price Index) for the certain BIA purposes and implementation of Community Improvement Plan policies discussed in Section 9 of this report. The payments would begin following Final Approval of the West Diamond Planning Documents and would be made in 10 equal annual installments subject to indexed adjustments according to the Consumer Price Index. West Diamond will be under no obligation to pay the $600,000 if any of the Bowmanville, Newcastle or Orono BIAs appeal or support an appeal to the OMB from any of the Planning Documents applicable to the West Diamond lands. Nevertheless if the Newcastle and Orono BIAs and their members do not appeal or support an appeal of another person to the OMB, a total of $130,000 would be paid to the Municipality in 5 equal annual installments subject to adjustments, following Final Approval of the applicable Planning Documents. 11.3.6 Other provisions require West Diamond to make arrangements with the Region of Durham respecting Highway 2 improvements to construct the private roads to the standards set out in cross-section drawing attached to the West Diamond Principles, and to maintain the private roads that West Diamond constructs until they are dedicated as public streets. 11.4 Halloway Principles of Understanding: Unique Provisions 11.4.1 The Halloway Principles contain similar provisions to the West Diamond Principles respecting the construction and maintenance of the private road or the Halloway lands and respecting arrangements to be made with the Region of Durham respecting Highway 2. 11.4.2 The Halloway Principles provide for the transfer of a specific 0.3 m land reserve by the Municipality to Halloway for a nominal consideration. The reserve effectively would prevent the development of the proposed Home Depot Store unless it is transferred to Halloway. Other provisions that are intended to be included in the Halloway Principles will provide for the amendment of the site plan and servicing agreements with the Municipality which are registered on title from the title to the Home Depot lands in order to free them from these encumbrances. The servicing agreement includes the obligation of the owner to dedicate and construct a portion of the previously planned Uptown Avenue extension west of Clarington Boulevard. As noted in Section 9, in exchange for the transfer and release from title to the proposed Home Depot lands existing agreements, Halloway has agreed to pay the Municipality $200,000 following Final Approval of the applicable Planning Documents. REPORT NO.: PSD-027-06 PAGE 55 11.4.3 The Halloway Principles also provide for Halloway to pay to the Municipality $70,000 on similar terms and conditions to those described above respecting West Diamond's $600,000 commitment discussed in Section 11.3.5. In the event that the Newcastle and the Orono BIAs and any member of them do not appeal or support an appeal of any portion of the Planning Documents applicable to the Halloway lands to the OMB, $70,000 will be paid to the Municipality by Halloway for disbursement for the purposes of these two BIAs and to fund Community Improvement Plan programs described above in respect of the comparable West Diamond commitment. 11.4.4 it is recommended that Council approve the West Diamond Principles and the Halloway Principles contained in Appendices 10 and 11 and authorize the Mayor and the Municipal Clerk to execute Principles of Understanding substantially in the same form, on behalf of the Municipality. 11.5 Stevens Road Extension Agreement 11.5.1 This Agreement provides for the design construction of Stevens Road extension from Regional Road 57 to Green Road and its funding. The Municipality will undertake all of the construction. 11.5.2 Under this Agreement the Municipality is responsible to fund the construction of Stevens Road from Regional Road 57 to Clarington Boulevard (Municipally-Funded Section). As noted in Section 9.4.1 the Municipally-Funded Section is 100% funded from development charges. West Diamond and Halloway are responsible to fund the construction of the portion from Clarington Boulevard to Green Road (Developer- Funded Section). 11.5.3 If the developments proposed by West Diamond and Halloway both proceed they will split equally the full costs of designing and constructing the developer-funded section to an Urban Profile. If only one of West Diamond and Halloway proceeds, the developer who proceeds will pay the full cost of the designing and constructing the Developer- Funded Section. When the other developer proceeds, he will be responsible to pay the costs of upgrading the Developer-Funded Section from a Rural Profile to an Urban Profile. The obligations to fund the Developer-Funded Section, however, are dependent on Final Approval being received by the Planning Documents and one or both developers electing to proceed with his development. 11.5.4 The Agreement also provides that: . The estimated costs of the Developer-Funded Section constructed to an Urban profile of $596,000 is to be secured by a performance guarantee and adjusted from time-to-time as provided for in the Agreement. . The Municipality will commence construction of the Stevens Road extension as soon as reasonably practicable after one of the developers gives written notice of his intent to proceed. REPORT NO.: PSD-027-06 PAGE 56 . The developers are responsible for the "as-built" costs on the Developer-Funded Section. They will be consulted in the preparation of the tender documents with respect to the construction of the project. . Provisions are made in the Agreement for its unwinding or termination as it applies to one or both developers if that owner's Principles of Understanding unwind or terminate. 11.5.5 It is recommended that Council approve the Stevens Road Extension Agreement and authorize the Mayor and Municipal Clerk to execute an Agreement containing substantially in the form of the Agreement contained in Appendix 12. 11.6 Indemnity Agreement 11.6.1 This Agreement between the Municipality, West Diamond and Halloway provides for the payment to the Municipality of the costs incurred by it in preparing the agreements discussed above, including certain costs related to the preparation of the Concept Plans for Development. Also, it provides for the owner to pay the Municipality's reasonable legal and consulting costs incurred in connection with any OMB appeal or Court proceeding arising from an appeal of either or both the West Diamond and the Halloway Planning Documents. The Indemnity Agreement implements Municipal policy regarding legal and consulting costs incurred by the Municipality in connection with an OMB appeal. 11.6.2 It is recommended that Council approve the Indemnity Agreement contained in Appendix 13 and authorize the Mayor and Municipal Clerk to execute an Agreement substantially in its form. REPORT NO.: PSD-027-06 PAGE 57 12.0 A YT LARGE-FORMAT RETAIL PROPOSAL 12.1 Introduction 12.1.1 The A YT application proposes a 583,600 sq. ft. large-format retail centre at the northeast corner of Highway 401 and Bennett Road. Staff understand that there are no proposed tenants at this time. The application proposes a home improvement store, a warehouse membership club, 9 medium-format retail stores (approximately 25,000 sq. ft. each)of other retail floor space, 35,000 sq. ft. of restaurant space, and a 5 storey hotel and convention centre. 12.2 Consultants and Staff Recommend Denial of A YT Application 12.2.1 Staff, on June 28, 2005 staff reported on the applications by A YT Corporation to amend the Clarington Official Plan and the Municipality's Zoning By-law. Report PSD-096-05 is contained in Appendix 9. Staff recommended that the applications be refused on the following basis: . Retail market impacts from the A YT project are significant. . Retaining the site for industrial uses is important for diversity of employment opportunities. . Retaining key employment sites along Highway 401 is vital for Clarington to achieve its industrial development and employment goals. . A big box centre is contrary to the intent of, and would indeed thwart, the Municipality's science and technology initiative. It is an incompatible and competing vision for the area. . The designation of the A YT lands for commercial uses does not support or contribute to good urban form or transit-oriented development and it would diminish the focus of retail growth along the King Street spine. . Approving the A YT application would "lock in" the Bennett Road interchange and would have a major impact on the planned transportation network in Bowmanville for a new interchange at Lambs Road to serve East Bowmanville. The concerns with respect to major commercial centres within Employment Areas, is further elaborated in Section 8.3 of this report. 12.2.2 At the June 28, 2005 meeting, Council referred the report back to staff for further consideration. The applicant had proposed two significant items of interest to Council. The first was the promise to try to attract a hotel to the site at Bennett Road and Highway 401. Specifically, the proponent indicated that he could attract a Hilton Hotel and Conference Centre. The second was a proposal to extend services to the east Bowmanville Industrial Area "as a public benefit". REPORT NO.: PSD-027 -06 PAGE 58 12.3 The Proposal for a Hotel and Conference Centre 12.3.1 The Hotel and Conference Centre is a permitted use within the Prestige Employment Area designation. The applicant's lands were designated Light Industrial in recognition that the interchange would eventually be closed. It is the policy of the Region and Municipality that future transportation access to east Bowmanville would be provided via a new Highway 401 interchange at Lambs Road. 12.3.2 Staff has no information respecting the viability of the proposal to attract a Hilton Hotel and Conference Centre to this site. A Hilton Garden Inn is under construction in Ajax at the Salem Road interchange. The hotel is expected to open in the spring of 2006 and will be a full-service, six-storey hotel with 134 rooms. Subsequent phases will include a convention centre and extended stay suites. The development will be located on the north-east corner of the new Highway 401 - Salem Road interchange on lands that were owned by the Municipality and specifically targeted to attract a hotel. 12.3.3 A hotel can be accommodated on the site by redesignating the A YT site from Light Industrial to Prestige Employment Area, in the context of the Science and Technology Park Study. 12.3.4 Two other sites at the Waverly Road interchange have zoning permissions for a hotel and they are serviced. Staff have fielded a number of inquiries about these sites recently from various investors. 12.4 Servicing the East Bowmanville Industrial Lands 12.4.1 I n the public meeting and in the analysis presented by the developer's planner, the developer's representatives proposed that the approval of the large-format retail development would provide for the servicing of the East Bowmanville Industrial area which would be a benefit for attracting industries to the area, including the further development of the Holburn Science Park. 12.4.2 In order to obtain more detailed information for Council, staff wrote to the developer's representatives to request clarification of the proposed public benefit (Attachment 16). The response was provided in an e-mail from the planner (Attachment 17) and in response to a second request for clarification, a letter from the applicant's solicitor (Attachment 18). 12.4.3 The Municipality's engineering consultants have advised that it would cost approximately $5 million dollars to extended services to the area, including the replacement of deficient portions of the Baseline Road trunk sanitary sewer. The works include the following: . Replace deficient sanitary sewer from Soper Creek to Haines Street. . Extend sanitary trunk sewer from Haines Street to Bennett Road on Baseline Road. . Extend water supply from Haines Street to Bennett Road on Baseline Road. REPORT NO.: PSD-027-06 PAGE 59 . Construct Baseline Road. . Construct stormwater management facility. . Construct stormwater sewers along Baseline Road. Some of these works would be eligible for development charges funding by the Region or the Municipality. 12.4.4 A YT proposal of July 8 and 11, 2005 is as follows: . Provided A YT receives approval of its application or an agreed-upon compromise, A YT agrees to construct Baseline Road from Lambs Road to Bennett Road and extend underground services including the replacement of the deficient sanitary sewer from Haines to the Soper Creek. . This work would be done prior to a building permit for the large-format retail centre. . This would be secured in the usual way through letters of credit. . The developer would require an area specific development charge for the East Bowmanville Industrial Area, with a front-ending arrangement being provided for, that would allow the developer to recover proportionate costs from other landowners when their lands were developed. 12.4.5 The developer's proposal has been reviewed with the CAO, Director of Finance, Director of Engineering Services and the Municipality's solicitor. It is staff's view that there is no public benefit to be achieved from considering the A YT application for the purposes of extending services to industrial lands. The following is noted: . Holburn has already extended water service along Baseline Road to their lands and they are in discussions regarding the extension of sanitary sewer services to the Science Park lands. The public benefit of approving A YT in order to extend services is reducing in significance. The Municipality's main concern for the extension of services has been to have readily serviced industrial land, including within the Science Park. Holburn has completed their first building and are working on the further development of their site for their own purposes or for future tenants of the park. . The developer's proposal does not provide for any servicing until immediately prior to the construction of the large-format retail centre. A YT is proposing to service the lands immediately prior to the development of the A YT lands. This is a standard requirement of the Municipality and the Region. If services were not available for the site, it would be considered premature. Unless A YT is provided the opportunity to proceed immediately in the place of the West REPORT NO.: PSD-027-06 PAGE 60 Diamond and Halloway proposals, Staff do not consider A YI's servicing commitment to be a significant benefit to the Municipality. . A YT is not proposing to secure their offer to extend services until they are ready to proceed. If Council were to approve the A YT applications, the Municipality has no guarantee that the servicing will be undertaken as proposed by AYT. AYT is proposing to secure the necessary works immediately prior to getting authorization to commence the works. This could be many years from now, when other developers or the Municipality through its capital works program could proceed with these works for other reasons. There is no guarantee that the Municipality will even be dealing with A YI. Staff's information is that the lands are currently for sale as a commercial property. Staff recently fielded inquiries from a pension fund looking at potentially acquiring these lands. 12.4.6 Staff do not recommend that Council consider the A YT application for the purpose of providing services to industrial lands. There is no apparent intention to provide services any sooner than when they would be required by the retail development. It would not allow for the early servicing of the east Bowmanville industrial lands unless the developer proceeded to commence construction of the proposed commercial centre in the near future. This would lead to significant market impacts on the Bowmanville and Newcastle downtowns. 12.5 Conclusion 12.5.1 We confirm our original position with respect to the A YT proposal for a large-format retail development. West Bowmanville is the appropriate location for major commercial growth and the A YT site at Bennett Road should be maintained for industrial purposes. If A YT was approved concurrently with the West Bowmanville developments, there would be an unacceptable impact on the planned function of existing centres in Bowmanville and Newcastle. 12.5.2 There are no proposed tenants for the A YT project and the proposal appears to be speculative. Any designation for commercial purposes, even with a deferred construction timeline, would have the effect of impacting land values and negating Council's other objective for early economic development of the East Bowmanville lands. 12.5.3 There would not appear to be any public benefit in approving this application in order to advance serving of the industrial area or attracting a hotel and conference centre facility. A YT cannot guarantee a hotel when other competing and serviced sites are available in the Municipality. Furthermore, there is no firm commitment to timing or security for the services to be constructed. REPORT NO.: PSD-027-06 PAGE 61 13.0 DISPOSITION OF APPLICATIONS 13.1 West Diamond Properties Inc. and Players Business Park Limited 13.1.1 West Diamond's applications propose to amend the Official Plan and the Zoning By-law to permit: . A 151,135 sq. ft. Wal-Mart store; . A 178,000 sq. ft. Real Canadian Superstore; and . 40,865 sq. ft. of smaller retail and service stores along the Highway 2 frontage. 13.1.2 It is recommended that the applications be approved to the extent that they are consistent with Official Plan Amendments 43 and 44 and the Zoning By-law amendment contained in Attachment 11. 13.2 Halloway Holdings Limited 13.2.1 Halloway's applications propose to amend the Official Plan and the Zoning By-law to permit: . A 98,600 sq. ft. Home Depot store with an 17,500 sq. ft. garden centre at the northwest corner of Uptown Avenue and Clarington Boulevard; . 51,000 sq. ft. of additional medium-format commercial floorspace; and, . Five retail pads along the Highway 2 and Green Road frontage totaling 38,400 sq. ft. 13.2.2 It is recommended that the applications be approved to the extent that they are consistent with Official Plan Amendments 43 and 44 and the Zoning By-law amendment contained in Attachment 11. 13.3 Loblaw Properties Limited Applications 13.3.1 Loblaws owns a 2.44 hectare parcel within Clarington Centre, which contains a 50,400 sq. ft. supermarket. They currently have two sets of applications before the Municipality as follows: . An application to amend the Clarington Official Plan (COPA 2000-003) as well as rezoning (ZBA 2000-020) and site plan (SPA 2000-017) applications to permit a proposed 37,700 sq. ft. expansion of the existing supermarket; and, . A rezoning application (ZBA 2003-043) to change the zoning regulations for the Clarington Centre by deleting the requirement for a food store to operate within Clarington Centre on lands zoned "C 1-14". 13.3.2 The expansion application has been overtaken by the West Diamond application, which would accommodate a new Loblaws Superstore. Loblaws has retained the original application as an alternative in the event that the West Diamond application is not REPORT NO.: PSD-027-06 PAGE 62 approved. Staff understand that as a precaution, the Official Plan Amendment and Rezoning applications were appealed to the Ontario Municipal Board. A letter was submitted by Steven Zakem, solicitor for Loblaws indicating that if the West Diamond application is approved, Loblaws will withdraw its application and appeal (Attachment 19). It is recommended that the Official Plan Amendment and Rezoning applications to expand the existing Loblaws store be denied. 13.3.3 It is recommended that the application to eliminate the requirement for a food store within the C1-14 zone, the zone that applies to the lands collectively known as Clarington Centre, be approved in the context of the Zoning By-law amendment contained in Attachment 11. With the approval of the application for a new Loblaws Superstore on the north side of Highway 2 the floorspace currently occupied by the Loblaws can be re-tenanted. 13.4 A YT Corporation 13.4.1 A YT applications propose to amend the Durham Regional Official Plan, the Clarington Official Plan and the Zoning By-law to permit a total of 583,600 sq. ft. of commercial floor space consisting of: . An 80,000 sq. ft. home improvement store; . A 145,000 sq. ft. warehouse membership club; . 225,000 sq. ft. of additional retail floor space; . 35,000 sq. ft. of restaurant space; and . A 5 storey hotel and convention centre. 13.4.2 The consultant team and staff do not support the A YT applications. The position of staff and the consultant is detailed in staff report PSD-096-05 which is contained in Appendix 9 to this report. As a result, staff recommend that the application be denied and that the Region of Durham be advised of Council's position with respect to the application to amend the Durham Regional Official Plan. 13.5 The Ontario Municipal Board 13.5.1 Halloway, West Diamond and Loblaws have filed appeals on their private Official Plan Amendment and Rezoning applications. The development proponents agreed to follow through with the Municipality's study to allow for the resolution of the issues through negotiation rather than adjudicate them in front of the Ontario Municipal Board. 13.5.2 One pre-hearing conference was held on Friday, June 17, 2005. At that time a hearing, was scheduled to commence on September 6, 2005 for two months. Subsequent to Council's decision on July 15, 2005, the hearing was adjourned to allow time for the planning process to be completed through negotiation if possible. Two telephone conferences have been held with the Board Members assigned for the pre-hearing process to update them on the progress of the Study and negotiations. REPORT NO.: PSD-027-06 PAGE 63 13.5.3 If Council approves Official Plan Amendments 43 and 44 and the zoning by-laws for portions of the Bowmanville West Town Centre, notice will be provided in accordance with the Planning Act. If no appeal is filed, the planning instruments will become final and binding on the expiry of the applicable appeal periods. If one or more appeals are filed, a pre-hearing conference will be convened to consider the scope of a hearing, the time required, settle various procedural issues and establish the timing for a hearing. 13.5.4 Each of the Principles of Understanding provide for West Diamond and Halloway to withdraw their private appeals on or prior to final approval of the Municipality's planning instruments applicable to the West Diamond and Halloway lands, respectively. REPORT NO.: PSD-027-06 PAGE 64 14.0 CONCLUSION 14.1 The Commercial Policy Review and the Bowmanville West Town Centre Secondary Plan Review have involved extensive market research, planning analysis, transportation input and urban design advice. There has been extensive consultation with the public, stakeholders and applicants. The Planning instruments before Council have been modified as a result of input and further consideration. Combined with the Agreements with West Diamond and Halloway, there is a comprehensive development control framework to guide development in the Municipality and the West Bowmanville Town Centre. 14.2 It is recommended that Council adopt Proposed Amendments 43 and 44, the recommended zoning by-laws and the other recommendations in this Report to give force and effect to the planning framework for future commercial growth. Attachments: Attachment 1 - Bowmanville West Town Centre Proposed Expansion Attachment 2 - Proposed Concept Plans for West Diamond/Players Site Attachment 3 - Proposed Elevations Wal-Mart Attachment 4 - Proposed Elevations Real Canadian Superstore (Loblaws) Attachment 5 - Proposed Concept Plan for Halloway Holdings Site Attachment 6 - Proposed Elevations Home Depot Attachment 7 - Proposed Concept Plan for A YT site Attachment 8 - Amendment No. 43 to the Clarington Official Plan Attachment 9 - Amendment No. 44 to the Clarington Official Plan Attachment 10 - Zoning By-law Amendment - General Provisions Attachment 11 - Zoning By-law Amendment - Large-Format Commercial and Street-Related Commercial Attachment 12 - Zoning By-law Amendment - C2-4 Zone Attachment 13 - Halloway Development Option 1 Attachment 14 - Halloway Development Option 2 Attachment 15 - Halloway Development Option 3 Attachment 16 - Letter to A YT's Representatives regarding Proposed Public Benefit Attachment 17 - Email Response from Peter Walker Attachment 18 - Letter Response from Ira Kagan Attachment 19 - Letter from Steven Zakem REPORT NO.: PSD-027-06 PAGE 65 Appendices: (Under separate cover) Appendix 1 - Final Report - Commercial Policy Review Appendix 2 - Bowmanville West Main Central Area Secondary Plan Review Report - May 30, 2005 Appendix 3 - Workshop Summary - West Main Central Area Secondary Plan Review Appendix 4 - Clarington Commercial Policy Review Retail Market and Impact Analysis- December, 2004 Appendix 5 - Commercial Policy Review - Addendum Market Analysis Appendix 6 - Commercial Policy Review - Supplementary Market Analysis Appendix 7 - Letter Opinion on Revised Retail and Personal Service Floorspace Limits - January 31 , 2006 Appendix 8 - Summary of Public Submissions Appendix 9 - Report PSD-096-05 - A YT Application Appendix 10 - Principles of Understanding between West Diamond/Players, 1613881 Ontario Inc. and the Municipality of Clarington Appendix 11 - Principles of Understanding between Halloway Holdings, Home Depot and the Municipality of Clarington Appendix 12 - Agreement between West Diamond/Players, Halloway Holdings and the Municipality of Clarington regarding the extension of Stevens Road Appendix 13 - Agreement between West Diamond/Players, Halloway Holdings and the Municipality of Clarington regarding the indemnification of the Municipality and other matters Attachments listed under separate cover are available for review in the Clerks Department. REPORT NO.: PSD-027-06 PAGE 66 List of interested parties to be advised of Council's decision: Henry Joseph Ari Yasa Ron Worboy B. Westerman Beth Kelly, Valiant Property Mgmt. Bob Hann, Valiant Property Mgmt. John Vanderkooi Eileen Costello, Aird & Berlis LLP Gwen Wallace Lyn Townsend, Lynda Townsend-Renaud Law Brent Clarkson, MHBC Planning Limited Heather Muir Carol Duffy Bruce Curl Jim and Suzanne Gregory Stan Stein, Osler Hoskin & Harcourt Todd Gibbon Bill Humber Linda Moore Ron Hooper George Kloos Richard Lange Leroy Clarke Ted Watson Hannu Halminen, Halminen Homes Limited Jennifer Stone, This Week Newspapers Brian O'Connor Richard Marchant David Butler, The Butler Group Inc. Peter Smith, Bousfields Inc. Bryce Jordan. G.M. Sernas Associates Carmela Cupelli Scott Houghton Nancy Lewis Maryann Fines E.C. Braham Sue Sedlak N. Gummon Otto Provenzano S. Fraser Bill Hinbert Doug Finnson and Terri Bickwell-Potts Duncan McPherson Trevor Small Ellen Cowan Peter Vogel Ray and Joyce Atkinson Margaret Zwart Ira Kagan, Kagan, Shastri, Barristers & Sol. Brian Fraser Mark Rowe Rudi Van Wijngaarden Paul & Anne-Marie Halliday John Huber James Scarth John and Lilian Bouma B. Haines Lilly T. Hinton Mary-Ann Kalotai Diane James Costantine Bruno Richard Rekker Alan Vaillancourt Mavis Carlton Rick Hofstede The Greater Toronto Transit Robert DeGasperis, Metrus Properties Inc. Yolanda Gjaltema John & Lillian Bouma Marvin Green, River Oaks Group Kathy Pandell. Geoffrey L. Moore & Associates Ltd. Marianne Zwyers Lakeshore Group Carmine Cupelli George Ibanez Lawrence Hellinga R. Tukker A. Sorg Bryan MacLean Linda Hallett and George loanidis Doug Woods Frank W. Lockhart J. Sproatt Mike Dome Celeste Terry, Durham Regional Planning Gail Rickard James Vinson Ian Smith Anthony Turnbull Evelyn Rosario Suzanne McCrimmon, Clarington Board of Trade Jim Russell John Shewchuk, Royal LePage Frank Real Estate Paul Wilson Philip Brent Peter Walker, Walker Nott Dragecivic Associates Limited Steve Zakem, Aird & Berlis LLP Scott Arbuckle, Planning & Engineering Initiatives Ltd. REPORT NO.: PSD-027-06 PAGE 67 David Crowell, A & P Properties Limited Terry and Phyllis Price Roslyn Houser, Goodmans LLP Rick Gay, Gay Company Limited Robert Bond Valentine Lovekin Gary Thertell Ron Stead ~ I \ \ I ~ en I I I ~~ Ilrr-(~~ ilL \ ",\( . Ilel~ /; ~~ "milmmiimllmllilmml~ Bi . 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H ' N84'1830 f 19hw aY401 T tal Site Area = 21.85 ha et Development Area = 20.37 ha GFA = :1:54,215 sq.m. :1:583,580 Sq.fl. Lot Coverage = 26.1 % Parking Spaces Provided = :!: 2,614 ~ Site Developement Concept ~ for A YT Corporation f i Bennett Road & Highway 401 ~ Municipality of Clarington ~ Scale 1 : 3,500 May 4, 2005 04586 Attachment 7 To Report PSD-027-06 f "" ANGlE "'" I ~TUU~ N72'30'00. N '" ;:; N ~ ::, o '", " f.- Z I N72'26'00"E 1 8.23 '0 as o a: - - Q) c c Q) (0 '" N I ~ ~ b ~ ~ " 'l' ~ 1 ~ ~ ~ ::, 0" .'" ~~ z N72'21 '3 w.~. "" 0_ ~ ~=-. Attachment 8 To Report PSD-027-06 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 Bowmanville 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 Clarin9ton Official Plan The Clarington Official Plan is hereby amended as follows: 1. By adding a new Section 4.2.9 as follows: "4.2.9 To minimize light pollution from existing and new development. " 2. By adding a new Section 4.3.6 as follows: "4.3.6 The Municipality will seek to minimize light pollution by: a) developing lighting standards for all forms of development to ensure community safety while minimizing negative impacts from lighting; b) utilizing appropriate street-lighting; and c) retrofitting existing street-lighting luminaries over time." 3. In Section 5.3.6, by replacing the words "Main or Sub-Central Areas" 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"; 1 b) by deleting the words "is not located on" in Sub-section c) and replacing them with the words "does not have direct access to"; c) by deleting the word "and" at the end of Sub-section b) and inserting it at the end of Sub-section c); d) by adding the following new sub-section: "d) parking shall be located at the side or rear of the building." 5. In Table 9-1, by replacing the words "Central Areas" with the words "Town or Village Centres". 6. By deleting Table 9.2, and replacing it with a new Table 9-2 as follows: Table 9-2 Housing Targets by Neighbourtloods Urban Area Housing Units Neighbourtloods Low Medium High Intensification Total Courtice 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 Penfound 1075 75 0 75 1225 N10 Darlington 450 25 0 383 858 N11 Bayview 1150 300 125 50 1625 N12 Farewell Heights- - - - - - TOTAL 8775 1735 375 2033 12918 Bowmanville N1 East Town Centre 0 700 225 275 1200 N2 West Town Centre 0 250 1500 0 1750 N3 Memorial 975 0 250 350 1575 N4 Central 425 125 75 75 700 N5 Vincent Massey 1025 200 0 175 1400 N6 Apple Blossom 1300 225 0 125 1650 N7 Elgin 1025 200 50 150 1425 N8 Fenwick 1325 525 0 100 1950 N9 Knox 1450 300 175 125 2050 N10 Northglen 975 250 50 50 1325 N11 Brookhill 1325 350 0 75 1750 N12 Darlington Green 700 175 0 125 1000 N13 WestvaJe 1025 375 275 75 1750 N14 Waverly 1075 275 50 75 1475 N15 Port Darlington 550 450 175 25 1200 2 TOTAL 13175 4400 2825 1800 22,200 Newcastle Village N1 Village Centre 0 100 50 75 225 N2 Graham 1075 100 0 100 1275 N3 Foster 1450 200 0 125 1775 N4 Port of Newcastle 500 325 250 0 1075 N5 North Village 1050 250 0 50 1350 N6 Wilmot 960 0 0 0 960 TOTAL II 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 title and replacing them with the words "Town, Village and Neighbourhood Centres". 9. In Section 10.1.1, by deleting the words "Central Areas" and replacing them with the words "Town and Village Centres". 1 O. In Section 10.1.2, by deleting the words "other types of specialized commercial uses to meet the needs of residents" and by replacing them with the words "a full range of choice in goods and services for local residents and businesses." 11. In Section 10.1.3, by deleting the words "and direct them to appropriate locations" and replacing them with the words "in an appropriate manner." 12. By adding the following new section: "10.1.4 To protect and foster the role of downtowns." 13. In Section 1 0.2.1, 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 1 0.2.3, a) by deleting the words "Central Areas" and replacing them with the words "Town, Village, Neighbourhood and the Port of Newcastle Harbourfront Centres"; b) by deleting the word "and" between the words "parks" and "walkways" and replacing with a comma; and, c) by adding the words "and building forms and styles that reflect the character of the community" at the end of the sentence. 16. In Section 10.2.5, by adding the words "and auto-oriented building forms" to the end of the sentence. 3 17. By adding the following new section: "10.2.6 To provide opportunities for and to encourage future intensification and infill with new development." 18. In Section 1 0.3, 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 Map A, with population allocations indicated on Map E." 20. By renumbering Section 10.3.2 as Section 10.4.5 and by making the following changes to the renumbered Section 10.4.5: a) by deleting the words "Central Areas" in the first sentence and replacing them with the words 'Town and Village Centres"; b) in Sub-section c) by inserting the words "municipal squares," before the words "pocket parkettes" and by inserting the word "street-related buildings," after the words "pocket parkettes"; c) in Sub-section d) by deleting the words "Central Areas" and replacing them with the words "Town and Village Centres"; and d) by adding the following new sentence at the end of the Section: "Urban design principles will be further elaborated through the urban design policy for specific Town and Village Centres as set out in Section 10.4.6 of the Official Plan and Secondary Plans. Development shall comply with area specific urban design guidelines." 21. By adding a new Section 10.3.2 as follows: "10.3.2 No new Town or Village Centre, Shopping District or Highway Commercial District or expansion to any of these Centres or Districts shall be permitted unless approved as part of the comprehensive review of the Official Plan. It is the Municipality's policy to seek additional development and intensification of the Bowmanville East and West Town Centres prior to considering of the expansion of existing Centres or Districts or designating new Centres or Districts. Notwithstanding the above, new Neighbourhood Centres 4 may be designated through a neighbourhood planning process". 22. By deleting Sections 10.3.3 to Section 10.3.6 inclusive; 23. By adding a new Section 10.3.3 as follows: "10.3.3 Applications to amend the Official Plan to expand significantly any Town, Village or Neighbourhood Centre, Shopping District or Highway Commercial District or to designate any new Neighbourhood Centre may require a retail impact study, as determined by Council in their sole discretion, to assess the impact on 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 expense of the applicant." 24. By adding a new Section 10.3.4 as follows: "10.3.4 The ongoing health and vitality of Town and Village Centres, in particular the historic downtowns, will be encouraged by: a) phasing major retail growth in accordance with population growth in Clarington; b) municipal investment in public infrastructure; c) municipal programs to encourage private sector investment in redevelopment and the restoration and adaptive reuse of historic buildings; d) participation in appropriate programs of senior levels of government; e) preparation of community improvement plans; f) fostering and assisting merchant groups and associations; and g) encouraging joint marketing efforts." 25. By adding a new Section 10.3.5 as follows: "10.3.5 Signage is recognized as an integral part of good community design and image. It is municipal policy that: a) the design and scale of signage shall complement rather than dominate the landscape: b) it shall be incorporated as an integral part of a building or site layout wherever possible: 5 c) it will not unduly detract from the overall visual attractiveness of the built environment for both pedestrians and motorists; and d) it will be designed and located so as not to be hazardous for either pedestrians or motorists. More specific guidance regarding signage shall be provided through urban design policies and the Municipality's Sign By-law. Special signage requirements may be defined for the historic downtowns and other unique areas of the Municipality." 26. By adding a new Section 10.3.6 as follows: "10.3.6 As part of the Municipality's program of streetscape improvements, developers or owners of commercial properties will be encouraged to assist in the creation of a high quality public realm through contributions to street tree planting and street furniture in addition to landscaping improvements on private lands." 27. Section 10.3.7 is renumbered as Section 10.4.6 and amended as follows: a) by deleting the words "In the review of development applications" and replacing with the words "In Town or Village Centres where detailed urban design guidelines have not been prepared". b) by deleting the words "for Central Areas" and replacing them with the words "of 10.4.5". c) by adding the words and punctuation "through the review and approval of development applications." after the words "shall be implemented". d) by deleting from Sub-section c) the word "and" now between the words "commercial" and "residential" and by adding the words "and community use" before the words "shall be achieved". e) in Sub-section d) by adding words "with particular regard to screening parking areas visible to the street, providing shade for pedestrians and mitigating heat island effects" at the end of the clause. f) by inserting a new Sub-section (f) and (g) as follows: "f) lighting impacts will be minimized; g) energy efficient design and orientation which maximizes the use of alternative or renewable energy such as solar and wind energy and the mitigating effects of vegetation will be encouraged wherever possible;" 6 and by renumbering all subsequent Sub-sections of the renumbered Section 10.4.6 accordingly. g) in renumbered Sub-section (h) by adding the words "wherever possible and in all other situations within separate buildings of similar design to the principal building on the 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 will be". 28. In Section 10.4, by deleting the words "Main Central Areas" in the title and replacing them with the words "Town and Village Centres" . 29. In Section 10.4.1, a) by deleting the words "Main Central Areas shall be planned and" in the first sentence and replacing them with 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 1 0.4.2 as follows: "10.4.2 Each Town and Village Centre will have a distinct character and function generally in accordance with the following: a) Town Centres will be larger in scale, provide goods and services for a large segment of Clarington's population and will develop with a higher overall density than Village Centres; b) Bowmanville Town Centres (East and West) will be planned and developed as a centre of regional significance providing the highest level of retail and service uses and shall be the primary focal point of cultural, community, recreational and institutional uses in Clarington; c) Village Centres will be smaller in scale, be developed at similar densities as the historic downtowns and shall serve primarily local needs for goods and services; and 7 d) Town and Village Centres will maintain and enhance the historic character of each community." 31. By adding a new Section 10.4.3 as follows: "10.4.3 The Municipality will seek to achieve the following targets for Town and Village Centres: Centre Gross Leasable Maximum Floor Floor Space for Space Index Retail and Service Uses (sauare 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 Villaae Centre Orono 7,500 0.4 Villaae Centre The maximum floor space index shown in Table 10.1 is the maximum floor space permitted on a net development parcel." 32. By deleting Section 10.4.4 in its entirety, and by replacing it with the following new Section 10.4.4: "10.4.4 Town and Village Centres shall be comprehensively developed in accordance with Secondary Plans which shall encourage and provide for: a) residential and/or mixed use developments in order to achieve higher densities and reinforce the objective of achieving a diverse mix of land uses; b) redevelopment and intensification with a wide array of uses within the Town or Village Centre; and c) other uses that are complementary to the intended commercial functions." 33. By adding a new Section 10.4.7 as follows: "10.4.7 Drive-through facilities are not desirable in Town and Village Centres. Drive-through facilities will be prohibited in certain areas and appropriately regulated in other areas to minimize impacts on roads and the pedestrian environment, to ensure compatibility with adjacent uses and to achieve the built-form objectives of this Plan and the Secondary Plans. The following policies shall apply to the development of drive-through facilities where they are permitted: 8 a) any drive-through facility must be located on a lot sufficiently sized to accommodate all activities associated with the drive-through facility; b) all buildings containing drive-through facilities shall be oriented to the primary street frontage. No portion of the stacking lane and no parking spaces or drive aisle shall be located within the setback area; c) drive-through facilities shall be sufficiently separated from residential uses to avoid issues of land use compatibility; d) a drive-through facility will have sufficient dedicated stacking lane to prevent vehicles from interfering with on-site and off-site vehicular circulation: and e) any additional policies as may be contained in Secondary Plans." 34. By renumbering Section 1 0.4.3 as "Section 1 0.4.8" and: a) by deleting the words "Main Central Area" in the first sentence and replacing them with the words "Town Centre"; b) by deleting the second sentence in its entirety and by replacing it with the following new sentence: "Detailed land use policies for the Courtice Town Centre will be provided for in a Secondary Plan." 35. In Section 10.5, by deleting the words "Sub-Central Areas" in the title and replacing them with the words "Courtice West Shopping District" . 36. By deleting Section 1 0.5.1 in its entirety, and by replacing it with the following revised section: "10.5.1 The Courtice West Shopping District serves the surrounding urban areas through the provision of uses which complement the Courtice Town Centre including retail, service, office, residential, cultural, community and recreational uses." 37. By deleting Sections 10.5.2 and 10.5.3. 38. By adding new Sections 10.5.2 and 10.5.3 as follows: "10.5.2 In conjunction with the adjacent lands in the City of Oshawa, the Courtice West Shopping District shall be developed and function primarily as a shopping district serving portions of the Oshawa and Courtice urban areas. 10.5.3 Specific development policies and land uses shall be provided for in the Courtice West Shopping District Secondary Plan. All proposed development shall comply with the provisions of Section 10.4.6 c) to k)." 9 39. In Section 10.6, by deleting the words "Local Central Areas" in the title and replacing them with the words "Neighbourhood Centres". 40. 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 needs. They shall be planned and developed in a comprehensive manner. The maximum amount of gross leasable floorspace in any one Neighbourhood Centre shall be 5,000 square metres." 41. In Section 10.6.2, a) by deleting from the first sentence, the words "Local Central Areas shall develop as mixed use areas containing commercial, residential" replacing them with the words "Neighbourhood Centres are intended to be developed with adjacent areas as transit nodes containing higher density residential uses and wherever possible "; and b) by deleting the second sentence. 42. In Section 1 0.6.3, a) by deleting the first sentence and replacing it with the following: "An appropriate range of retail and service uses will be identified in the Zoning By-law in accordance with the following: a) uses will be appropriate to be located in proximity to adjacent residential areas; b) uses will be limited in scale; c) drive-through restaurant uses will not be permitted; and d) mixed-use development will be encouraged." b) by deleting Table 10-1 in its entirety. 43. By deleting Section 1 0.6.4 in its entirety and by replacing it with the following new Section 10.6.4: "10.6.4 In the review of development applications, the following site development and urban design criteria will be implemented: a) a floor space index for retail uses on any site not exceeding 0.30; b) a maximum combined floor space index of 0.50 where there are second storey office or residential uses; 10 c) with the exception of a grocery store/supermarket, a maximum of 500 square metres of gross leasable floor area for any individual store; d) street-related building forms are preferred but as a minimum direct pedestrian access will be provided from the street to some stores within 4 m of the streetline; e) compliance with Section 10.4.6 b) to i); and f) provision of a public square in accordance with Sections 10.6.5 and 10.6.6." 44. In Section 10.6.5, a) by deleting the words "Local Central Areas" 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 with such amenities as appropriate paving, landscaped areas, benches, refuse containers, bicycle stands, lighting, public art and other elements that enhance the social and physical environment." 45. By deleting Section 10.6.6 in its entirety and replacing it with the following: "10.6.6 Public squares shall be constructed either as a public parkette or as part of a commercial development with the right of the public to access the square secured by appropriate means. Public squares are required at the following Neighbourhood Centres: . Bloor/Prestonvale . Liberty/Longworth . Regional Road 57/Concession Road 3 . Concession/Mearns . Port of 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: 11 "10.7 Port of Newcastle Harbourfront Centre 10.7.1 The Port of Newcastle Harbourfront Centre is identified on Map A4. The Harbourfront Centre shall be planned and developed as a community focal point and part of the tourism node at the Port of Newcastle. The Harbourfront Centre will be a high quality urban environment that builds on the existing natural setting, marina and park development and views of the waterfront. 10.7.2 Within the Harbourfront Centre a variety of uses are permitted which are compatible with the marina and District Park including multiple residential, retail and services uses, professional offices, a small hotel, places of entertainment, and recreational, cultural and community facilities. Retail uses will be appropriate for and scaled to meet neighbourhood or tourism needs. The hotel shall be appropriately designed and scaled for a small town harbourfront location. The maximum number of multiple residential units in the Harbourfront Centre is 250. 10.7.3 The Harbourfront Centre shall be developed to the highest design standard. In the review of development applications, the following urban design and site development criteria shall be implemented; a) buildings should be harmonious in form and architectural style, have a consistent setback from the street and valley, and shall be oriented to provide views of the waterfront and the marina; b) buildings will have a maximum height of five storeys on the front and/or street facades; c) the maximum floor space index for any site shall not exceed 0.75; d) a safe, well-defined pedestrian walkway system will link to the Waterfront Trail, the marina area and the District Park with attractive landscaping and signage to enhance the pedestrian experience; e) a consistent design and use of materials will be used for all signage, benches and light fixtures throughout; f) convenient parking areas shall be screened by landscaping; g) loading spaces shall be strategically located to minimize the visual and noise disturbances and all refuse containers shall be fully enclosed; and h) outdoor amenity areas associated with residential development shall be designed with quality landscaping, safe pedestrian walkways, appropriate 12 lighting and other elements to enhance the overall character of any residential development. 10.7.4 A public square shall be designed as an integral component of the Harbourfront Centre. It shall serve as a neighbourhood gathering place and a centre of attraction for tourists. The public square shall be designed and developed in accordance with the following: a) it shall comply with public square provisions of Sections 10.6.5 and 10.6.6; b) it shall be located in association with commercial and hotel uses; c) it shall be physically defined by building facades; and d) it shall provide opportunities for views, vistas and pedestrian linkages to the surroundings area." 47. By deleting Section 10.8 in its entirety. 48. By renumbering Section 10.9 as Section 10.8, by renumbering the Sub-sections of renumbered 10.8 accordingly, and by deleting the words "Highway Commercial Areas" from the title to Section 10.8 in the Section and replacing them with the words "Highway Commercial Districts". 49. By deleting the text of the renumbered Section 10.8.1 and replacing it with the following: "Highway Commercial Districts are to serve the specialized needs of residents on an occasional 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 may include motor vehicle sales and service establishments, home improvement centres, large format home furnishing stores and other similar large format retailers, garden centres and nurseries, restaurants, motels, hotels, and service stations, but do not include motor vehicle body shops, department stores, food stores, banks and warehouse merchandise clubs." 50. In the renumbered Section 10.8.2, a) by deleting the word "Areas" in the first sentence and replacing it with the word "Districts; b) in clause c) Bullet 1 by adding a "semi-colon" at the end; c) in clause c) Bullet 2 by adding a "semi-colon" at the end; d) in clause c) Bullet 3 by adding a "semi-colon" and the word "and" at the end; 13 e) in clause d) by deleting the word "and" at the end of and replacing it with a "period"; and f) by deleting clause e). 51. In the renumbered Section 10.8.3, a) by deleting the word "Areas" from the first sentence and replacing it with the words and figures "Districts in Section 10.8.2"; b) by deleting clauses d), f) and g) and renumbering clause e) as clause "d)"; and c) by adding a new clause e) as follows: "e) compliance with the provisions of 10.4.6 c) to i)." 52. In renumbered Section 10.8.4, by deleting the word "Areas" from the first sentence and replacing it with the word "Districts". 53. By deleting renumbered Section 1 0.8.5 in its entirety. 54. By renumbering Section 1 0.1 0 as Section 10.9 by deleting the second sentence and by replacing it with the following: "Service stations are establishments which primarily sell gasoline and associated automotive products. A service station may include accessory uses such as the repair of vehicles, a car wash, restaurants, and a small convenience store." 55. In renumbered Section 10.9.2, a) by adding the word "that" after the word "provided"; b) by deleting Sub-section a) and replacing it with the following; "a) a maximum of one (1) service station may be permitted at any intersection, with the exception that in a Highway Commercial District or 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 f) as follows: 14 "f) it has no undue adverse effect on adjacent residential uses." 56. By deleting the renumbered Section 10.9.3 and replacing it with the following: "10.9.3 Notwithstanding Section 1 0.9.2 a), service stations will not be permitted at prominent intersections in Town or Village Centres or other locations which Council deems to have important visual significance for gateways to communities." 57. By renumbering Section 10.9.4 as 10.9.5 and by adding a new Section 10.9.4 as follows: "10.9.4 Service stations will be designed with the following considerations: a) high quality architectural design, landscape treatment and fencing with particular attention to 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 to adjacent commercial properties shall be provided wherever possible; d) convenience retail uses shall be sensitively designed to the context, have high quality finishes facing the street, generally have less than 250 square metres of floor area, generally be sited on the street corner; and in urban areas provide direct pedestrian access from the sidewalk; e) ancillary drive-through facilities are prohibited in Town and Village Centres and in all other areas will be sufficiently separated from residential uses; f) garbage will be accommodated internally or within a separate and fully enclosed structure with architecture that matches the principle building; g) fencing, landscaping and architectural treatments, and other appropriate measures will be used to mitigate any noise impacts identified by a noise study; h) signage shall be minimized; and i) lighting and glare will be minimized in accordance with municipal policy and appropriate road authority requirements." 15 58. In Section 11.5.2, by deleting the last sentence that reads "Large scale retail warehouses may be permitted by amendment to this Plan subject to the provisions of Section 10.9.5". 59. In Section 12.4.1, by adding the words "service stations" after the words "arts and craft shops" in the third sentence, and by adding the following new sentence at the end of the Section: "Service stations shall also be subject to the policies of Section 10.9 of this Plan." 60. In Section 16.2.5, by adding the following after the first sentence. "The marina area is to be fully integrated with the designated Harbourfront Centre and shall be developed in accordance with the following: a) an integrated system of publicly accessible walkways will connect the Harbourfront Centre with the marina area, the District Park and the Waterfront Trail; b) the marina development will be fully integrated with the District Park with complementary recreation facilities and amenity areas, joint access arrangements and shared parking facilities; c) the marina clubhouse will have complementary architectural style and form, and shall incorporate common streetscape elements and landscape themes with the Harbourfront Centre development; and d) off-season boat storage shall be only permitted immediately adjacent to the marina." 61. I n Section 16.7.1, by replacing the word "Areas" with the words "Districts". 62. In Section 16.8.2, by replacing the words "Main and Sub- Central Areas" with the words "Town and Village Centres". 63. In Section 16.10, by deleting the entire section and replacing it with the following notation: "16.10 Special Policy Area H deleted by Amendment 43" 64. . In Sections 17.2.1 and 17.2.2, by deleting the words "Main Central Area" from these Sections and by replacing them with the words "Town Centre", 65. In Section 18.5.4, by replacing the words "Main Central Areas" with the words "Town and Village Centres". 66. In Table 19-1, by replacing the words "Central Areas" with the words "Town and Village Centres". 67. In Section 19.5.4, a) by deleting the words "Main and Sub-Central Areas and the Orono Local Central Area shall reflect" from the third 16 sentence and by replacing them with the words "Town and Village Centres"; b) by deleting the words "reflect the" in the third sentence and by replacing them with the words "be consistent with"; c) by deleting the words "East Main Central Area" in the last sentence and by replacing them with the words "Town Centre"; e) by deleting the words "Main Central Area" after the words "Newcastle Village" in the last sentence and by replacing them with the word "Centre"; and f) by deleting the words "Local Central Area" in the last sentence and replacing them with the words "Village Centre". 68. By adding a new Section 19.5.5 as follows: "19.5.5 The Municipality will undertake a streetscape improvement program with particular attention to Town and Village Centres, the Regional Transit Spine on Highway 2, and gateway locations to each urban community." 69. In Section 19.5.5, by amending the references to correspond with the new designations for Town and Village Centres such that Table 19-2 reads as follows: TABLE 19-2 EXCEPTIONS TO ARTERIAL ROAD STANDARDS IN TOWN AND VILLAGE CENTRES AND HAMLETS Town or Village Centre or Road From To Right-of-way Hamlet Width Courtice Town Centre Trulls Road South limit of North limit of 30m Town Centre Town Centre Bowmanville East Town King Street Bowmanville Mearns Avenue 20-26 m Centre Creek Newcastle Village Centre King Street West Limit of Mill Street 20-26 m Villaae Centre King Street Mill Street East limit of 26-30 m Villaae Centre Mill Street South limit of North limit of 20-26 m Villaae Centre Villaae Centre Orono Village Centre Mill Street Station Street North limit of 20-26 m Villaae Centre Enfield Reg. Rd. 20 West limit of the East limit of the 36m Hamlet Hamlet Reg. Rd. 34 South limit of the North limit of the 36m Hamlet Hamlet Enniskillen Reg. Rd. 3 West limit of the East limit of the 26-30 m Hamlet Hamlet Brownsville Hwy.2 West limit of the East limit of the 30m Hamlet Hamlet Newtonville Hwy.2 West limit of the East limit of the 26m Hamlet Hamlet Reg. Rd, 18 South limit of the North limit of the 26m Hamlet Hamlet 17 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. Deleting Section 23.8.2 and replacing it with the following: 23.8.2 As part of a submission for site plan approval, the Municipality requires that the proponent to demonstrate how the proposed design and the organization of the site and buildings: a) implements the urban design policies of the Official Plan and any relevant Secondary Plans; b) in Town and Village Centres and in Residential Neighbourhoods, contributes to compact, urban and pedestrian-oriented form 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 light 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 landscaping 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. 18 74. In Section 24, by adding a definition for LEED Rating System as follows: "LEED Rating System - refers to the Leadership in Energy and Environmental Design Green Building Rating System established by the Canada Green Building Council as amended from time to time." 75. In Section 24, by deleting the definition for "Retail Uses" and replacing it with the following definition: "Retail Uses - Uses where goods or merchandise are sold such as, food, general merchandise, apparel, hardware, home furnishings, specialty retail, beer, liquor and wine automotive products, and home improvement products, including department stores and supermarkets. 76. In Section 24, by deleting the definition for "Retail Warehouse" in its entirety. 77. In Section 24, by deleting the definition for "Personal Service Uses" and replacing it with the following definition: "Service Uses - Uses such as restaurants, hair salons, dry cleaners, shoe repair, video rental stores, tailors, laundromats travel agencies, photographers, veterinary clinics, fitness and health clubs, medical and dental offices, legal and real estate offices, financial and insurance offices, bank kiosks, appliance repair shops, and personnel agencies. 78. By adding the words "including roads" to the end of Sub-section 23.4.3 a). 79. By amending Map A2 - Land Use: Courtice as shown on Exhibit "An. 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 "D". 83. By amending Map B3 - Transportation: Bowmanville as shown on Exhibit "E". 84. By amending Map E1 - Neighbourhood Planning Units: Courtice as shown on Exhibit "F". 85. By amending Map E2 - Neighbourhood Planning Units: Bowmanville as shown on Exhibit "G". 86. By amending Map E3 - Neighbourhood Planning Units: Newcastle Village as shown on Exhibit "H". 19 Bowmanville East Main Central Area Secondary Plan The Bowmanville East Main Central Area Secondary Plan is hereby amended as follows: 1. By renaming the Secondary Plan as the "Bowmanville East Town Centre Secondary Plan". 2. By deleting all references to "East Main Central Area" and replacing them with the words "East Town Centre" and by deleting all references to "West Main Central Area" and replacing them with the words "West Town Centre" . 3. By amend Section 3.2 by delete the words "provide for" and replacing them with the word "encourage", to delete the word "establishments" and replace it with the words "and service businesses", and to delete the words "in merchandise categories" such that it reads as follows: "3.2 To encourage the vitality of retail and service businesses which serve a regional market." 4. By deleting Section 4.2. and replacing it with the following: "4.2 This Plan provides for approximately 80,000 square metres of retail and service f1oorspace, generally as follows: a) Downtown 35,000 square metres b) East Business District 45,000 square metres" 5. By renumbering the existing Section 4.5 as Section 4.6. 6. By inserting a new Section 4.5 as follows: "4.5 Future studies will be undertaken to determine the intensification potential within the East Town Centre for additional residential and commercial development, consistent with emerging Provincial policy and the historic character of the community." 7. By adding a new Section 4.7 as follows: "4.7 For the purpose of Section 10.93 of the Official Plan and in consideration of land use and urban design objectives of this Plan, the intersections of King Street with Liberty Street, Simpson Avenue and Mearns Avenue are prominent intersections which Council deems to have important visual significance." 8. In Section 5.2, by deleting the word "personal" before the word "service". 9. In Section 5.3, by deleting the word "personal" before the word "service" and by adding the words "and the portion of the East Business District west of Liberty Street" such that Section 5.3 reads as follows: "5.3 Notwithstanding the above, no drive-through retail or service establishments are permitted in the Street-Related Commercial 20 Area in the Downtown and the portion of the East Business District west of Liberty Street." 10. By deleting the title of Section 6 and replacing it with the title "General Commercial Area". 11. In Section 6.2, by deleting the word "personal" before the word "service". 12. By deleting the word "and" at the end of Sub-section 7.3 c). 13. By renumbering Sub-section 7.3 d) to Sub-section 7.3 e). 14. By adding a new Sub-section 7.3 d) as follows: "7.3 d) additions should enhance the pedestrian character of the streetscape; and" 15. By deleting the title of Section 9 and replacing it with the title "Parks and Squares" . 16. By renumbering Section 9.3 as Section 9.4. 17. By adding a new Section 9.3 as follows: "9.3 The Municipality will endeavour to enhance the social and physical environment of the Downtown by creating a larger, functional civic square in proximity to the Municipal Administrative Centre." 18. In Section 10.5, by adding the words "and private corporations" after the words "senior levels of government". 19. In Sub-section 12.3 b), by adding the words "and architectural" after the words "historic". 20. By amending Map A - Land Use Downtown by deleting the words "East Main Central Area" from the title block and replacing them with the words "East Town Centre". 21. By amending Map B - Land Use East Business District as shown on Exhibit "I" The Courtice Sub-Central Area Secondary Plan The Courtice Sub-Central Area Secondary Plan is hereby amended as follows: 1. By deleting the title of the Plan and replacing it with the following new title, "Courtice West Shopping District Secondary Plan". 2. By deleting all references to the "Courtice Sub-Central Area" and replacing them with the words "Courtice West Shopping 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 metres". 4. By adding a new Section 4.5 as follows: 21 "4.5 For the purpose of Section 10.9 3 of the Official Plan and in consideration of land use and urban design objectives of this Plan, the intersection of King Street with Varcoe Road/Darlington Boulevard is a prominent intersection which Council deems to have important visual significance." 5. In Section 5, by deleting the words "Primary Commercial Area" and replacing them with the words "General Commercial Area". 6. In Section 5.2, by adding a fifth bullet and the words "drive-through development in accordance with the policies contained in Section 10.4.7 of the Official Plan". 7. In Section 6.2, by adding a fifth bullet and the words "drive-through development in accordance with the policies contained in Section 10.4.7 of the Official Plan". 8. In Section 8.1, a) by deleting the words and figures "Section 10.3.2 of the Official Plan" and replacing them with the words "Section 10.4.5 of the Official Plan"; b) by deleting the words and figures "Section 10.3.7 of the Official Plan" and replacing them with the words "Section 10.4.6 of the Official Plan"; and c) by deleting the words "Primary Commercial Area" and replacing them with the words "General Commercial Area". 9. By amending Map A as shown on Exhibit "J". 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 eastern portion" and replacing them with the words "to the east of the historic downtown". 5. In Section 4.2, by deleting the words "permits a maximum of 15,000 square metres of retail and personal service floor space by 2016" and replacing them with the words and figures "provides for approximately 15,000 square metres of retail and service floorspace". 6. In Section 4.3, by deleting the word "Neighbourhood" after the words "Port of Newcastle" and replacing it with the words "Harbourfront Centre". 22 7. By adding a new Section 4.6 as follows: "4.6 For the purpose of Section 10.9 3 of the Official Plan and in consideration of land use and urban design objectives of this Plan, the intersections of King Avenue with North Street, Mill Street and Arthur Street are prominent intersections which Council deems to have important visual significance." 8. In Section 5.1, by deleting the number "10.3.2" and replacing it with the number "10.4.5". 9. By deleting the title of Section 6 and replacing it with the title "General Commercial Area". 1 O. In Section 6.2, a) in the first bullet, by deleting the words "retail, personal services and offices" and replacing them with the words "retail and service uses"; b) by changing the second bullet and text to be the third bullet and text and by adding a new second bullet as follows: . "professional offices"; and c) in the changed third bullet, by adding after "service stations" the following words "subject to the provisions of Section 10.9 of the Official Plan". 11. In Section 6.3, a) by deleting the words "Strip Commercial Area" and replacing them with "General Commercial Area" b) by deleting the words "conform with the site development criteria of Section 10.8.3" and replacing them with the words "conform to the site development criteria of Section 10.4.6". 12. In Section 7.2, a) by deleting the second bullet "retail, service and office uses" and replacing it with the bullet worded "small-scale retail and personal service uses"; b) by deleting the third bullet "retail, service and office uses" and replacing it with the bullet worded "professional offices". 13. By adding a new Section 7.3 as follows: "7.3 Notwithstanding the above, no drive-through facility shall be permitted in the Mixed Use Area." 14. By adding a new Section 7.4 as follows: "7.4 Redevelopment within the Mixed Use Area will generally comprise the conversion of existing residential structures subject to the following criteria: a) the existing residential fa9ade of a house will be maintained with any additions at the rear or side of the dwelling; 23 b) all effort will be made to restore and preserve the historic character of dwellings identified as heritage buildings on Map A; c) all development and redevelopment will maintain the established building setback and reinforce the pedestrian character of the street by providing streetscape enhancements and pedestrian amenities; d) parking will be located at the side or the 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 development will comply with Section 10.4.6 c) to i) of the Official Plan." 15. In Section 11.3, by deleting the words "Section 10.3.2 of the Official Plan, the site development criteria of Section 10.3.7 of the Official Plan" and replacing them with the words "Section 10.4.5 of the Official Plan, the site development criteria of Section 10.4.6 of the Official Plan". 16. In Section 12.1, by deleting the Section and replacing it with the following: "12.1 Council shall ensure the continued safe and efficient traffic operations on King Avenue and subject to budgetary approval, may consider the following measures: a) improving road geometry, rationalizing lane arrangements, installing raised centre medians where appropriate and other design modifications; b) widening sidewalks and incorporating streetscape enhancements to improve the pedestrian environment; c) reviewing regulations for on-street parking; d) adding additional traffic signals or traffic control devices; e) encouraging the relocation of undesirable private accesses; and f) investigating the designation of King Avenue as a controlled access road under the Municipal Act, 2001, and the closing of private accesses." 17. By adding a new Section 12.4 as follows: "12.4 The Municipality may require a traffic impact study for any proposal for development or redevelopment to ensure that it does not negatively impact operation, safety and capacity of the road network." 18. By amending Map A - Land Use as shown on Exhibit "K" 24 The South-West Courtice Neighbourhood Secondary Plan The South-West Courtice Neighbourhood Secondary Plan is hereby amended as follows: 1. by amending Map A - Land Use as shown on Exhibit "L" 25 EXHIBIT "A" To Official Plan Amendment No. 43 - - - URBAN BOUNDARY From "Main Central Area" f7777I FUTURE To "Town Centre" rLLLL] URIlAN RESIDENTIAL D URBAN RESIDENTIAL 00 ~DENSIlY [][] ~ {i!J b I @ MAP A2 LAND USE COURTICE URBAN AREA OFFlCIAL PlAN MUNIClPAUTY OF CLARlNGTON FEBRUAR'l' 8. 2008 LAKE ONh4R/O TOWN CENTRE (ij 'e. ~~ !5~ ~8 Ot t::> ::> 0 .8.0 "5~ .a;~ z. . 0 EI- e "- COUR'llCE WEST SHOPPlNC IlISTRICT I Delete "Local Central Area" I ~BOURHOOO o HIGHWAY COIotIlERClAL o ~ AREA _ ~ AREA _ ~ AREA o lIl1UlY ,--, ENVIRONIlfNTAL L-...J PROTECI1ON AREA _ GREEJj SPN:;E D WATERFRONT GREE]jWAY _ OOMIIUNITY PARK . IlISTRICT PARK . NEIGHBOURHOOO PARK a ~ " ~ PU8lJC SECONIlAR'l' SCHOOl. SEPARATE SECONIlAR'l' SCHOOl. PU8lJC ELEIotENTARY SCHOOl. SEPARATE ELEIotENTARY SCHOOl. SECONIlAR'l' - - PlAHHING AREA . - - - - -. SPEClAL POlJC'( AREA SPEClAL ST1JDY AREA f 4= GO STAllON 200 400 100 800 '" 20lI m I~~OFDU_ EXHIBIT "B" To Official Plan Amendment No. 43 200 "'" ... 200m r- ~\ ~\" 0t MAP A3 LAND USE BOWMANVILLE URBAN AREA OFFlCIAL PlAN MUNICIPAUTY OF CLAAINGTON FE8RUAR"f 6. 2006 ~BOURHOOO o HIGHWAY COIlllERCW.. ImZll AGGREGATE ~ ElCT1W:TION AREA ~-----~"'\i ~~ o ~ENT AREA ~_ _ ~ AREA a =IlAR'l'SCHOOl. _ GENERAL ~ SEPARATE INllUST1lIAI.. AREA [;jjjjjI SECONIlAR'l' SCHOOl. o UTIUTY ~ =.~ SCHOOl. ,--, EIMIlONIlfNTAL ~ PUBUC L-...J PROTECI1ON AREA . ELEIotENTARY SCHOOl. _ GREEJj SPN::E ~ ~~~ SCHOOl. D WATERFRONT GREENWAY ~ =~ARY SCHOOl. _ COIlllUNIIY PARK - - =~AREA . IlISTRICT PARK . - - . . -. SPEClAL POlJC'( AREA . NElGHBOURHOOO PARK _ 5PECIAI. ST1JDY AREA .. TOURISIl NOOE -= GO STAllON From "Neighbourhood Commercial" To "Neighbourhood Centre" I7777A FUTURE ~ URBAN RESIDENTIAL D URBAN RESIDENTIAL r7ij\l lIEDIUlI DENSITY ~ RESIDENTIAL f'7H\lHIGHDENSITY ~ RESIDENTIAL EXHIBIT "B1" To Official Plan Amendment No. 43 i,~ \L1 // \'---. ~- .-;:::; / ~/I \~~ \\\ I. . \\ \\\ \\ \1. )) /f (/ f ~ \ i \ From "Urban Residential" and "Environmental Protection" to "Town Centre --.J <( z o C) W 0::: @@@ @ . @@ . ~ . @) <( o 0::: . i I I ) ! . . .. EXHIBIT lie" To Official Plan Amendment No. 43 CONCESSION ROAD J /" i LAKE ONVtR/O , \ I d @ ~ ,~ ( r-/ '_C~~ ) (......J 't ("\.' ~ \~(:"""" ~- ( , /j-)--j"''-"-''"-~n.--c:'''/~'-' #' URBAN BOUNDARY D ENVIRONMENTAl. --- PROTEC-nON AREA ~ FUTURE - GREEN SPACE URBAN RESIDENTIAL D URBAN RESIDENTIAL D WATERFRONT GREENWAY ~ DEFERREO BY Rename from THE REGION OF DURHAM "Main Central Area" - COMMUNITY PARK to "Village Centre" VILLAGE CENTRE . DISTRICT PARK HARBOURFRONT CENTRE . NEIGHBOURHOOD PARK Rename from "Local Central Area" to UGHT a PUBUC INDUSTRIAL AREA SECONDARY SCHOOL "Harbourfront Centre" ~ SEPARATE u-nUTY SECONDARY SCHOOL , " PUBUC r ELEMENTARY SCHOOL ~ SEPARATE MAP A4 ELEMENTARY SCHOOL SPECIAL POUCY AREA LAND USE NEWCASTLE VILLAGE URBAN AREA SECONDARY PLANNING AREA OFFICIAL PLAN . TOURISM NODE MUNICIPAUlY OF CLARINGTON 200 "'" 600 600 m FEBRUARY 6. 2006 200 m EXHIBIT 11011 To Official Plan Amendment No" 43 Rename from "Local Central Area" to "Village Centre" ~ '" Rename from "Neighbourhood Commercial" to "Neighbourhood Centre" 600 800 m 200 400 o 200 m URBAN BOUNDARY URBAN RESIDENTIAL VILLAGE CENTRE . D D NEIGHBOURHOOD CENTRE HIGHWAY COMMERCIAL ENVIRONMENTAL PROTECTION AREA _ GREEN SPACE - . .. COMMUNITY PARK DISTRICT PARK PUBLIC ELEMENTARY SCHOOL .......... SPECIAL STUDY AREA 3 MAP A5 LAND USE ORONO URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON FEBRUARY 6. 2006 EXHIBIT IIEII To Official Plan Amendment No" 43 ~ t o 200 400 60D 800 m P"""""'l:j 200 m . . . . . . -----.. . . . ~: 0::. . . . . . 6: z. ffi: au . . . --~ . . . . . . . LAKE ONTARIO URBAN BOUNDARY ':'''''':':'''''':'''''1.<.,,,,,,,,,,,,,,,,,.,,,,,,,, FREEWAY TYPE A ARTERIAL - - - - TYPE B ARTERIAL MAP 83 TRANSPORTATION BOWMANVILLE URBAN AREA ------------ TYPE C ARTERIAL OFFICIAL PLAN MUNICIPALITY OF CLARINGTON FEBRUARY 6. 2006 REFER TO SECTION 19 THIS CONSOUDATION IS PROVIDED FOR CONVENIENCE ONLY AND REPRESENTS REQUESTED MODIFICATIONS AND APPROVALS EXISTING FUTURE FREEWAY INTERCHANGE COLLECTOR ROAD - - - - - - REGIONAL TRANSIT SPINE . ....... . INTER-REGIONAL TRANSIT UNE .~ GO STATION o ,~' \ \ ,~I GRADE SEPARATION EXHIBIT "F" To Official Plan Amendment No" 43 Rename from "Sub-Central Area" to "Courtice West Shopping District" --, 1 I ---=n 1 I~ I I~ 1<( J: Rename from "Main Central Area" to "Town Centre" - - - URBAN BOUNDARY NEIGHBOURHOOD BOUNDARY (1000) POPULATION (*) SEE SECTION 17.6 t~o 200 m 20D 400 600 BOO m Ii _ 10:: ~ ----- \0~ MAP E1 NEIGHBOURHOOD PLANNING UNITS COURTICE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON FEBRUARY 6, 2006 REFER TO SECTIONS 5 AND 9 LAKE ONlAR/O EXHIBIT "G" To Official Plan Amendment No" 43 REVISE "WEST TOWN CENTRE" BOUNDARY t o 200 400 600 800 m I""""""lI 200 m Cl <( o Ct: V1 al :::;; :5 CHANGE FROM "EAST MAIN CENTRAL AREA" TO "EAST TOWN CENTRE" BASEliNE ROAD CHANGE FROM "WEST MAIN CENTRAL AREA" TO "WEST TOWN CENTRE" 15 ORT DARUNGT (3200) ONlAR/O MAP E2 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA - - - URBAN BOUNDARY NEIGHBOURHOOD BOUNDARY (1000) POPULATION OFFICIAL PLAN MUNICIPALl1Y OF CLARINGTON FEBRUARY 6. 2006 REFER TO SECTIONS 5 AND 9 THIS CONSOUDA-nON IS PROVIDED FOR CONVENIENCE ONLY AND REPRESENTS REQUESTED MODIFlCA-nDNS AND APPROVALS EXHIBIT IIHII To Official Plan Amendment No. 43 Rename from "Main Central Area" to "Village Centre" ---===;1 1 I 5 I NORTH VILLAGE I (3900) 1 I -'r-- ~~ Q~ 1;30 0::0:: 2 GRAHAM (3700) Y ~., , ~ - - - URBAN BOUNDARY NEIGHBOURHOOD BOUNDARY (1000) POPULATION LAKE ONlAR/O t MAP E3 NEIGHBOURHOOD PLANNING UNITS NEWCASTLE VILLAGE URBAN AREA o 200 400 600 800 m OFFICIAL PLAN MUNICIPALITY OF CLARINGTON FEBRUARY 6. 2006 REFER TO SECTIONS 5 AND 9 P"'"""""""'q 200 m EXHIBIT" I " To Official Plan Amendment No. 43 II) = :30) c: l!:? .~ U5 co c: -.ffi ~:E ~(;) EJi 0= ... 0 LL r- ro Q) - ...- E t "E-l!:? ~E Q)- Q).!Q U lB 0::: Cl .!: U ell c: ;2: ~ - 0 Er- o = Lt~ Q) = E ell . ell l!:? 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[ . Cl . C5 . a:: . . l.LJ 0 DRIVE u a:: BRIDLE COURT ~ a::: Cl ~ 0 DALEPARK C/l CHERRY C/l BLOSSOM g PARKETTE CD . 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 000000000000000000000000000 00000000000000000000000000 00000000000000000000000000 o 000000000000000000000 o 00000000000000000 o 00000000000 o 0000000 >- a:: a:: l.LJ I U . . . . KINGSWAY GATE f- Z l.LJ U C/l l.LJ a:: u l.LJ a:: a:: Cl ~ CD 0000 0 0 00000000000000 0 0 00000000000000000000000 0 ogogogogogogogogogogogogog go 000000000000000000000000000000 000000000000000000000000001000 . 000000000000000000000000000 000 ooooooooooooooooooooooooooo~oo . 000000000000000000000000000 00 000000000000000000000000000 000 . ooooooooooooooooooooooooooo~oo 00000000000000000000000000 00 . ~~oooooooooooooooooo 000 o~~ ~oooooooooooo~oo. o ~~~ooooo~oo o~~.ggg . o . . . . . . l.LJ Z ::::i z 3: ~ PARK Add Internal Laneway Rename from "Courtice Sub-Central Area Boundary" To "Courtice West Shopping District Boundary" z o o z ::::i a:: <( Cl o 50 100 150 m 50 m Rename from "Primary Commercial Area" to "General Commercial Area" Rename from "Courtice Sub-Central Area" to "Courtice West Shopping District" MAPA LAND USE COURTICE 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 BLOOR ST." .... I 4J ~ -J ~ ~ o f- SOUTHGA TE DRIVE PLANNING AREA BOUNDARY ~"" "" "i FUTURE URBAN RESIDENTIAL I I LOW DENSITY RESIDENTIAL t:::::::::::::::::::::::::::::l MEDIUM DENSITY RESIDENTIAL _ HIGH DENSITY RESIDENTIAL I:::;€l:::j NEIGHBOURHOOD PARK 1:::;0:::j PARKETTE ~~~~~11~~ EN~RONMENTAL t,"':e~~~1 PROTECTION AREA ~~W1]}~ STORM WATER FACIUTY ~ PUBUC ~ SECONDARY SCHOOL ~ PUBUC V/,...,/./1 ELEMENTARY SCHOOL ~ SEPARATE V~~ ELEMENTARY SCHOOL NEIGHBOURHOOD CENTRE ~~::::::::::::::::l UTIUllES @ HERITAGE HOUSE ARTERIAL ROADS TYPE A ARTERIAL ROADS TYPE B - - - ARTERIAL ROADS TYPE C -- - - -- - -- COLLECTOR ROADS ~ LOCAL ROAD ACCESS /'-, \ ) INTERSECTION IMPROVEMENT ...._~ . ............. PEDESTRIAN AND BICYCLE ROUTES Rename from "South West Courtice" to "Bayview Neighbourhood" MAPA LAND USE BAYVIEW NEIGHBOURHOOD SECONDARY PLAN FEBRUARY 6. 2006 Attachment 9 To Report PSD-027-06 AMENDMENT NO.44 TO THE CLARINGTON OFFICIAL PLAN March 1, 2006 PURPOSE: To implement the recommendations of the Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review including the renaming of this Main Central Area to the Bowmanville West Town Centre, expanding the boundaries of the West Town Centre, and designating additional lands for commercial development. LOCATION: This amendment applies to lands in Part of Lots 14 to 17, Concessions 1 and 2 former Town of Bowmanville and former Township of Darlington bounded generally on the south by the St. Lawrence and Hudson (CP) railway and to the north by the Brookhill tributary to the Bowmanville Creek and a future road to be known as Brookhill Boulevard. BASIS: This Amendment is based on the Clarington Commercial Policy Review: Final Report - Recommended Policy Changes dated May 30, 2005 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." 1 5. In Section 3.1.7, by deleting the words "beyond the initial allocation in order". 6. By renumbering Sections 3.3.1 and 3.3.2 as Sections 3.3.3 and 3.3.4, respectively and adding new Sections 3.3.1 and 3.3.2 as follows: "3.3.1 To promote and enhance the function of King Street/Highway 2 as the Main Street of the Bowmanville West Town Centre. 3.3.2 To provide a connected grid of public and private streets to enhance movement and access options, reduce congestion and improve emergency access." 7. By deleting Sections 3.4.1 and 3.4.2 and replacing them with the following new sections: "3.4.1 Distinct 'Sense of Place' - to create an urban character through high quality architectural treatments and site planning that provides visual interest at a pedestrian scale. 3.4.2 Connective Street Network - to provide an efficient grid street network as the basic organizational structure for the area. The grid street network should define an urban block pattern, provide maximum pedestrian, bicycle, and vehicular connectivity and route choices, and facilitate access to existing and proposed transit services. 3.4.3 Pedestrian Access - to ensure direct, safe and efficient pedestrian access supported by sidewalks situated along all roads and drive aisles, walkways located within parking areas, and designated crosswalks. 3.4.4 Urban Street Edge - to ensure development provides physical definition to streets and public spaces through appropriate placement and design of buildings, parking areas and landscaping, particularly along King Street/Highway 2, Clarington Boulevard, and Green Road. 3.4.5 Plan for Infill - to ensure that development initially permitted in accordance with this Secondary Plan is designed in such a way so as to facilitate redevelopment at greater intensity in the longer term. Block patterns for development should be designed to ultimately accommodate denser, mixed-use development. 3.4.6 Environmentally Sustainable - to ensure that development is designed to achieve a high degree of environmental sustainability." 8. In Section 4.1, by replacing the figure "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 2 Street-Related Commercial is permitted prior to a comprehensive review of the Official Plan after 2011 ". 10. By deleting Section 4.3 and replacing it with the following new Section 4.3: "4.3 Retail Limits for the Bowmanville West Town Centre a) In order to ensure that retail and service development proceeds in a fashion that sufficient population exists to support the planned function of Town and Village Centres and to ensure ongoing redevelopment potential within the Bowmanville East Town Centre, new retail development in the Bowmanville West Town Centre will be linked to the growth of population in the Municipality of Clarington. b) The development of retail and service floor space in the Bowmanville West Town Centre will proceed in an incremental fashion. Until such time as the Clarington population reaches 91,000 persons, the maximum permitted retail and service floor space in the Bowmanville West Town Centre is as follows: i. Retail Floor Space ii. Service Floor Space 73,000 square metres 7,000 square metres For the purpose of this section: . Retail floor space includes department stores and stores selling department store type merchandise (e.g. apparel, home furnishings, sporting goods and hardware), supermarkets, specialty food stores, beer, liquor or wine stores, automotive products and home improvement stores. . Service floor space includes restaurants, personal service shops, rental stores, and financial institutions. . Floorspace not included in the above limits are medical or dental offices, business and professional offices, government offices, places of entertainment, private clubs, community facilities and gas stations. c) The following allocation of total gross leasable floor space, which includes retail, service and all other commercial floor space, is made: i. 18,600 square metres for the lands bounded by Clarington Boulevard, Prince William Boulevard, Green Road and Highway 2; 3 ii. 8,000 square metres for the lands bounded by Clarington Boulevard, Prince William Boulevard, Pethick Street and Highway 2; iii. 4,000 square metres for the lands east of Clarington Boulevard, north of Highway 2; iv. 18,000 square metres for the lands bounded by Clarington Boulevard, the Stevens Road extension; Green Road and Highway 2; v. 34,500 square metres for the lands north of Highway 2 between Green Road and Boswell Drive extension, provided that no more than 30,500 square metres is permitted in the General Commercial Area and provided that the zoning by- law shall contain restrictions to ensure that the first full year of operation of the retail and service floor area in the General Commercial Area shall not be earlier than 2008. d) Development of land will be released through site specific amendments to the Zoning By-law in accordance with the policies of this Plan. The implementing zoning by-Iaws(s) may incorporate restrictions on the type, amount and location of retail and service floorspace, minimum and maximum store sizes and other similar requirements to define the role of the Bowmanville West Town Centre in relation to historic downtowns and to implement the urban design and energy conservation objectives of this Plan. e) The floorspace limits identified in Section 4.3 (b) may be amended through a comprehensive review of the commercial f100rspace in the Municipality. In addition to any other appropriate planning, urban design and traffic studies the Municipality shall conduct an independent market analysis, at the expense of the applicant for such permission, which addresses the following: . the impact of development that has occurred in the Bowmanville West Town Centre since 2003 on the Bowmanville East Town Centre, including the historic downtown, and other designated Town and Village Centres in Clarington; . changes in consumer expenditure patterns from the patterns documented in previous studies; and . the anticipated impact of any proposed development(s) on the viability of existing retail and service uses in Clarington and the planned growth and function of Town and Village Centres. 11. By deleting Sections 4.4 and 5.2.4. 12. By renumbering Sub-section 5.2.5 e) as Section 4.4 and by deleting the words "Retail Commercial" and replacing them with the words "General Commercial and Street-Related Commercial"; 4 13. By deleting the word "personal" from in between the words "and" and "service"; and 14. By deleting the words and numbers "Section 5.2.4" and replacing them with the words and numbers "Section 4.3". 15. By adding a new Section 4.5 as follows: "4.5 Notwithstanding any other provision of this Plan, only two full- service banks or financial institutions are permitted in the Bowmanville West Town Centre." 16. By adding a new Section 4.6 as follows: "4.6 For the purpose of Section 10.9.3 of the Official Plan and in consideration of land use and urban design objectives of this Plan, the intersections of King 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) by deleting the words "provided that: i) a general merchandise store, a food retail warehouse, clothing retail warehouse and a drug retail warehouse shall not be permitted"; and iii) by adding a second sentence as follows: "For the purpose of clarity, retail and services uses do not include a large format home improvement centre." b) by deleting Sub-section b) and renumbering Sub-sections c) and d) as Sub-sections b) and c), respectively. c) in renumbered Sub-section b) by inserting the words "business or training schools" between the words "cultural facilities," and the words "day care"; and d) in renumbered Sub-section c) by deleting the words "provided that, on the parcel of land bounded by Highway 2, Clarington Boulevard, Prince William Boulevard and Green Road, up to 929 square metres may be located on the ground floor." 5 e) By deleting the existing subsection e) and replacing it with the following: Notwithstanding 5.2.1 a) and 6.2.1 a) a large format home improvement store having a maximum total floor space of 9,175 square metres is permitted on the lands designated General Commercial and Street-Related Commercial located on the west side of Clarington Boulevard and the south side of Stevens Road extension subject to the following: i. The home 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 shall not exceed 820 square metres; v. Any enclosed garden centre/outdoor display area and the outdoor storage area located along the street-edge will contain a high quality finish comprising decorative fencing and pre-cast panels similar to the main building; vi. No outdoor storage and display is permitted outside of the fence enclosed garden centre/outdoor display area save and except for an outdoor display area no greater than 80 square metres adjacent to front entrance of the building, provided there is no display or storage of building materials, dumpsters, sheds or large equipment; vii. The provisions of Section 13.2.2 shall not apply; viii. The street edge of Clarington Boulevard shall be defined with high quality landscape treatment including seating areas and the provision of a decorative fencing consistent with the architectural character of the building; and ix. Notwithstanding 13.3.1, the primary building fac;ade 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." 6 22. In Section 5.2.5: a) by deleting the word "Retail" and replacing it with the word "General" and by deleting all references to "Bowmanville Boulevard" and replacing them with references to "Prince William Boulevard"; b) by deleting Sub-section a) and replacing it with the following: "a) Development will comply with the applicable Urban Design Policies of Section 13." c) by deleting Sub-sections 5.2.5 c), g) and h) and renumbering Sub- section 5.2.5 d) as Sub-section 5.2.5 c); d) by numbering the second paragraph of the newly numbered Sub- section c) beginning with the words "In order to facilitate" as a new Sub-section d); and by adding thereto the words and numbers "and the policy contained in Section 15.2.3" after the words "implementation of this policy"; 23. By renumbering the original Sub-section 5.2.5 f) as a new 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 7 administrative offices provided they are located on the second or upper levels above ground floor; and d) residential dwelling units provided they are located on the second or upper levels above the ground floor. 6.2.2 The following policies shall apply to the development of lands designated Street-Related Commercial in the Bowmanville West Town Centre: a) Highway 2 and Clarington Boulevard shall provide a focus for commercial development in the Bowmanville West Town Centre. The implementing Zoning By-law and the Urban Design policies provide direction regarding the relationship of buildings to the street, landscape treatment, and parking areas as required to achieve a high quality pedestrian retail environment. b) Notwithstanding Section 6.2.1 a) i, Council may consider additional store size limits on a site specific basis to distinguish the role of street-related retail development between in the Bowmanville West Town Centre and to mitigate the impact on historic downtowns and the Bowmanville East Town Centre. c) Buildings shall be designed to be located generally at grade with the adjacent sidewalk on the public or private street. d) Access to parking and loading facilities shall be established which will minimize disruption to the pedestrian use of the streets. Adequate, well-designed off-street parking, loading and service areas shall be required on the site of each commercial development. e) Development will comply with the applicable Urban Design Policies of Section 13." 26. By renumbering Sections 6,7,8,9 and 10 to Sections 7, 8, 9, 10 and 11, respectively. 27. By deleting the word "personal" in the first and last sentences of renumbered Sub-section 7.2.1 d). 28. By deleting renumbered Sub-sections 7.2.1 f) and g). 29. By deleting the word "personal" in the last sentence of renumbered Section 7.2.2. 8 30. In renumbered Section 8.1, a) by deleting in the second paragraph the "A" before the word "High" from the first sentence and replacing it with the words "The Mid Rise"; and b) by deleting the words "as well as the parcel abutting King Street" from the first sentence of the second paragraph and replacing them with the words "whereas a Low Rise High Density designation is provided for on lands north of the General Commercial, west of Green Road" 31. In renumbered Section 8.2.1 c), by deleting the word "uses" and replacing it with the word "facilities". 32. By deleting renumbered Section 8.2.1 e) and replacing it with the following: "e) Limited retail and service uses may be permitted on the ground floor of residential apartment buildings." 33. By deleting renumbered Section 8.2.2.a) and replacing it with the following, "8.2.2 a) Development on lands designated Medium Density Residential shall be a minimum of 31 and a maximum of 60 units per net residential hectare." 34. By inserting a new Section 8.2.3 as follows and renumber accordingly: "8.2.3 Low Rise High Density Residential a) Development on lands designated Low Rise High Density Residential shall be a minimum of 50 and a maximum of 80 units per net residential hectare. b) Permitted dwelling types shall include: townhouses; stacked townhouses; and low rise apartment buildings not exceeding six (6) storeys in height." 35. In renumbered Section 8.2.4: a) by adding the words "Mid Rise" before the words "High Density Residential" in the title of the section; b) by deleting renumbered Sub-sections 8.2.4 a) and b) and replacing them with the following, "a) Development on lands designated Mid Rise High Density Residential shall be a minimum of 50 and a maximum of 300 units per net residential hectare. b) Apartment buildings may be up to twelve (12) stories in height. " 36. In renumbered Section 8.2.5, a) by renumbering Section 8.2.5 as Sub-section 8.2.5 f) 9 b) by adding the following at the beginning of the section: "The following policies shall apply to the development of lands designated for residential purposes in the Bowmanville West Town Centre."; c) by inserting the letter and parenthesis "a)" before the words "A minimum of 30%" to begin a new sub-section; and d) by adding new Sub-sections b), c), d) and e) as follows: "b) Development will comply with the applicable urban design standards of Section 13 and the energy conservation policies of Section 14. c) Indoor and outdoor amenity areas shall be provided in accordance with the Municipality's Amenity Guidelines for Medium and High Density Residences. d) Appropriate separation from the railway corridor is necessary through: . the creation of a 30 metre setback as required by the CP Rail guidelines; . the inclusion within that setback of a 10 metre landscaped zone adjacent to the railway corridor to include landscape elements; and . the design and siting of buildings so as to minimize visual and noise impacts from the railway corridor. e) Secured communal storage rooms and bicycle storage rooms should be provided in apartment buildings. 37. In renumbered Section 10.2.2, by adding the words "Brookhill Tributary of the" before the words "Bowmanville Creek". 38. By renumbering Section 1 0.2.4 as Section 1 0.2.5 and by adding a new Section 10.2.4 as follows: "10.2.4 It is the Municipality's policy to have a small publicly accessible square established at an appropriate location on the north side of Highway 2 between Clarington Boulevard and Green Road. 39. In renumbered Section 11.2.2, by adding the word "Rail" after the word "GO" and by adding the words "and transit terminal" after the word "Station". 40. By deleting the renumbered Section 11.2.3. 41. By deleting original Section 11 titled "Special Policy Area No.1" in its entirety and renumbering the following Sections accordingly. 42. By deleting renumbered Section 13 in its entirety and replacing it with a new Section 13 as follows: 10 "13. Urban Design Policies 13.1 Purpose Achievement of the Municipality's urban design vision for Bowmanville West Town Centre is of the highest priority. In order to ensure this vision is achieved the Plan provides for levels of design policies: a) Urban Design Objectives, found in Section 3.4 of the Plan are broad statements of the intent and key aspects of the design policies; b) Detailed Site Design Policies for Commercial Development in Section 13.2 relate to a variety of site development issues including parking, buffering, landscaping, pedestrian access, service areas and signage; c) Building Design Policies for Commercial Development in Section 13.3 deal with elements of building form and design; d) Site and Building Design Policies for Residential Development in Section 13.4 deal with a variety of site development and building form and design issues; e) The Demonstration Plan in Schedule A is a plan for the Bowmanville West Town Centre demonstrating an application of the urban design policies. Illustrated Urban Design Policies in Schedule B provide explanations or examples of the application of the urban design policies. Urban design principles, detailed site design criteria and building design policies are provided by this Plan in order to assist in the evaluation of development proposals through the integration of rezoning and site plan processes. 13.2 Detailed Site Design Policies for Commercial Development 13.2.1 Street and Pedestrian Network . An open grid of public and private streets, and major private lanes will form the basic organizational structure for the area which should define an urban block pattern, provide maximum pedestrian, bicycle, and vehicular connectivity and route choices, and facilitate access to existing and proposed transit services. . The street network will form a key component of the public realm and should be characterized by high quality streetscaping and landscape treatments. 11 . Where commercial uses front on a public or private streetline, sidewalks should continue to the building face. . Sidewalks abutting King Street /Highway 2, and Clarington Boulevard should have a minimum width of 3.0 metres. . Sidewalks will be provided on both sides of all public streets and a minimum of one side of all private streets. . Sidewalks and walkways abutting the front fac;:ade of larger format stores shall have a minimum width of 3.5 metres. . Sidewalks and walkways should promote active and safe pedestrian activity and stimulate visual interest. All sidewalks and walkways fronting commercial uses shall include in-ground trees generally planted 6.0 to 9.0 metres on centre, pedestrian scale lighting, and street furnishings such as garbage receptacles, and possible outdoor merchandise displays and selling areas. . All sidewalks fronting other non-commercial uses shall include in-ground trees generally planted 6.0 to 9.0 metres on centre within the grassed landscape boulevard, pedestrian scale lighting, and street furnishings such as garbage receptacles. . The use of special paving treatment is encouraged at focal points including building entrances, squares, and through block connections. . Clearly designated pedestrian crossings should be provided at the intersection of all public and private streets and major private laneways. Pedestrian crossings should be marked with line painting or surface material variation and should be at least 3.0 metres wide. . Private streets shall be located on a suitable right-of-way to allow for their future conversion to public streets. Wherever possible private streets shall be designed and constructed to municipal road standards similar to Local Commercial Streets as shown in the Functional Engineering and Streetscape Implementation Plan: Bowmanville West Main Central Area (September 1995). Private streets will appear and function as an extension of the overall public street network. The municipal street lighting design standard for public streets in the Bowmanville West Town Centre will be used on private streets. 12 13.2.2 Building Orientation and Site Layout . Buildings will be organized to define and frame abutting public and private streets as a first priority; and, to define and frame major private laneways, internal drive aisles, sidewalks, parking and amenity spaces as a second priority. . The large format "super block" will be broken into functionally and visually smaller units by major private laneways and internal drive aisles, a network of connected walkways, and landscaping. . Building setbacks shall be reduced to minimize distances between building entrances and abutting public street sidewalks; to establish a consistent built form edge; and to allow for the development of a significant streetscape contributing to the identity and amenity of the area. Maximum building setbacks from the property line on public streets are generally as follows: . King Street/Highway 2: . Clarington Boulevard: 3.5 metres 2.0 metres . Definition of the street edge is a priority. At least 50% of the total street frontage shall be occupied by buildings on King Street/ Highway 2 and Clarington Boulevard. 13.2.3. Surface Parking Areas . Internal vehicular routes shall be clearly defined by raised and curbed landscape islands planted with trees and low level vegetation. Internal drive aisles will be a minimum 6.0 metres in width. . Parallel parking spaces may be provided on private roads at store fronts with appropriate bump-outs at periodic intervals where high pedestrian activity is anticipated. . Parking aisles should generally not exceed 30 contiguous spaces in length and should have a consistent design angle perpendicular to primary building entrances. . The visual impact of surface parking areas shall be minimized by screen walls, landscaping or lowering of the parking areas by up to 0.5 metres from the adjacent street grade. 13 . Appropriate lighting levels and consistency of coverage will be provided in parking area to assist both pedestrian and vehicular circulation. The height and intensity of light standards should be sensitive to adjacent land uses minimizing light spillover, glare and impact on night skies. Full cut-off fixtures are to be used. . Designated handicapped and mobility impaired parking spaces should be located as close as possible to building entrances and be clearly identified by signs or markings. 13.2.4 Landscaping of Parking Areas . Internal landscaping elements will define visually and functionally smaller parking "courts" and reduce the overall impact of surface parking areas and heat island effects. . Trees at the perimeter of parking areas will be planted generally every 6.0 to 9.0 metres on centre. . A landscaped island should generally be located at each end of every parking aisle. Where the parking aisle is greater than 20 spaces in length, a landscaped island must be provided. Landscaped islands shall have a minimum width of 2.5 metres wide and include one tree, per parking row. . A landscaping island should be provided generally at the mid point of the parking aisle, and/or approximately every 15 parking bays. The landscaping island should have a minimum width of 2.5 metres and include a minimum of one tree per parking row. . Where possible, internal landscaping should incorporate existing vegetation and significant tree planting. 13.2.5. Landscape Buffers . High quality landscaping treatments will be used to define site boundaries, provide buffers between adjoining developments, and screen storage and utility areas. . Landscaped areas adjacent to the streetline will be a minimum of 3.0 metres wide adjacent to parking areas and service areas. . Landscaped areas between commercial and residential developments will have a minimum width of 3.0 metres adjacent to the property line. 14 . To ensure opportunities for surveillance from adjacent areas, perimeter hedge and shrub screening should not exceed 1.0 metre in height. . Selection of plant material should consider the following: . Year-round appearance; . 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 smaller parking "courts". . Walkways should have a minimum width of 1.5 metres. with a landscaping zone on one side that is 2.0 metres in width. . Walkways shall include pedestrian-scaled 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. 15 . Windows should be coordinated with the location of pedestrian walkways to provide interest and improve security along these routes. . Pedestrian access from adjacent neighbourhoods should be provided by walkways where insufficient access is available from street sidewalks. 13.2.8. Amenities . Amenities may include terraces, parkettes or squares, water features, public art, outdoor dining areas and transit shelters. . Customer and visitor amenities should be located in close proximity to building entrances. . Amenities are particularly important in the Street-Related Commercial Areas. . Bicycle parking facilities shall be provided to encourage alternative modes of transport, particularly for employees and consumers with small purchases. Larger stores are encouraged to provide indoor bicycle parking facilities for employees such as storage rooms and showers. . Amenity areas shall be located within landscaped, pedestrian spaces, and provide seating. 13.2.9. Service Areas . Service areas shall be screened from public and private streets, major pedestrian routes or residential areas. It is preferable to locate service areas off service driveways and away from public streets. . Storage of goods or garbage shall generally be integrated as part of the building and not as separate stand-alone structure. . Service areas for delivery, loading and garbage pick-up should be coordinated to reduce vehicular interruptions along the public street and within parking areas. . Screening shall use building materials and/or landscape treatments similar to those used for the principal buildings. 16 . Where solid screens are provided, the materials should be similar to or compatible with those of the building's exterior finishes. 13.2.10. Transit Facilities . Building entrances and bus stops should be arranged to provide convenient access to the buildings by public transit passengers. . On sites adjacent to or near a bus stop, conveniently located walkways will be provided to cross and connect individual sites in order to provide pedestrians the most efficient route to and from transit stops. 13.2.11. Signage . Pylon signs for private development should be oriented to address the street frontage, street intersections and primary access driveways. Pylon signs should be compatible with the associated building design in scale, material and colour, and should be set within a landscaped setting. . Building identification signs should be incorporated on the front fac;: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. 17 . Facades longer than 25 metres shall be subdivided through a combination of windows and projections and recessions in the building wall to create a consistent rhythm across the fac;ade and establish divisions that express a hierarchy of entrances and identify individual businesses, where applicable. . Transparent glazing on the at-grade primary building facades and areas that have public activity shall be maximized having regard to the nature and function of the building. The following minimum requirements generally apply to the primary building facades: General Commercial 20% Street-Related Commercial 40%. Glazing should be actively used to provide storefront windows or merchandise displays and should not be covered internally by displays or window decals. . Corner buildings at the intersections of King 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 18 exceed 3.0 metres. No portion of the stacking lane and no parking spaces or drive aisle shall be located within the setback area; . Drive-through facilities (including the stacking lane, order board, loud speaker, pick up window, or banking machine) shall not be located within 12 metres of properties zoned for or containing residential uses; . Speakers and order-boards associated with a drive-through facility shall be oriented away from a residential use and their sound levels should be minimum so as not to create sound disturbance. Screening from headlights must be provided; . Drive-through facilities located adjacent to properties zoned to permit residential uses shall construct opaque fencing at least 1.8 metres in height, between the uses; and . Landscape buffers adjacent to a property zoned to permit residential uses should have a minimum width of 3.0 metres and include ample coniferous trees (minimum of 2.4 metres in height), and deciduous trees (minimum 70 mm calliper). 13.3.3 The following design guidelines shall be considered when reviewing the stacking lanes at a drive-through facility: . A 1.5 metre wide direct pedestrian walkway to the building entrance which does not intersect with or cross the stacking lane shall be provided and maintained on the lot from the primary street frontage; . Stacking lanes shall have a minimum width of 3.0 metres; . For a restaurant with a drive-through facility a stacking lane length of a minimum 12 vehicle queuing spaces (one vehicle queuing space is defined as 6.0 metres in length) shall be provided. At least 4 queue spaces shall be located between the pick-up window and the order board station; . For all other drive-through facilities a stacking lane length of a minimum 4 vehicle queuing spaces (one vehicle queuing space is defined as 6.0 metres in length) shall be provided; . The entrance to a required stacking lane may not be located within 18 metres of a site access to a public or private street; 19 . The required stacking lane must not interfere with or block access to required parking spaces; . A required stacking lane should not be crossed or bisected by a driveway, or access to a loading space access or service area; . The full length of the stacking lane must be demarcated by concrete curbs, and the use of soft and hard landscape features; . Stacking lanes should be linear and straight, with a minimum number of curves or turning movements and should not interfere with traffic on public streets; and . Double drive-through facilities on a site should be avoided. Where a double drive-through condition cannot be avoided the landscaping and decorative pavement shall be increased on- site. 13.4 Site and Building Design Policies for Residential Development 13.4.1 Building Orientation and Design Apartments . Building facades shall be oriented so as to reinforce the street and other public spaces as the primary organizing element . Buildings over four stories should be set back from the street or set back on a podium to maintain a pedestrian related scale and to mitigate wind and shadow effects. A podium base should generally be between two and four stories in height. . Buildings on corner lots should incorporate enhanced architectural elements such as entrance canopies, towers, and corner articulation. . Service areas, utilities and parking should be sited or screened to minimize potential negative impacts. . The ground floors of apartment buildings facing residential streets shall be primarily occupied by active residential uses such as living spaces, indoor amenity areas and entry ways. On commercial streets, ground floor retail and services uses may be used to provide an active street frontage. . Long, unbroken facades and blank walls should be avoided with the use of balconies, setbacks and projections and material transitions which help articulate the building and by the pattern and rhythm of windows and doors. . Buildings should be sited and designed to provide for views overlooking streets, natural areas and public spaces while 20 minimizing views overlooking adjoining dwellings and private amenity areas. . Buildings should be sensitive to interfaces with adjoining buildings and lower density areas with reduced heights, increased setbacks, stepped massing of the building, articulated facades and window patterns. . Roof designs shall be integrated into the overall design of the building. Green roof designs are encouraged. Townhouses . Buildings articulation and design should be informed by structural elements such as columns, rooflines and window fenestration, as well as functional elements such as the locations of entries, circulation spaces and special rooms. . Material, colour and textural differences should be provided on townhouse facades. 13.4.2 Building Entrances . Main building entrances for apartments shall provide a strong identity and provide a transition from the street to the building. Weather protection in the form of awnings, canopies and arcades should be provided. Entries and foyers should be comfortable, sheltered, safe, and convenient. . Main building entrances shall be oriented towards streets, parks or squares. . Townhouses shall have attractive entry and porch areas near the street level. . Ground floor apartment units may have individual entries directly from the street. 13.4.3 Private Amenity Areas . Balconies, verandahs, terraces and roof gardens should be integrated with the overall building form and facade composition. . Balconies and verandahs should be sized to accommodate outdoor seating. 13.4.4 Common Amenity Areas . Shared outdoor spaces shall be provided to meet the needs of the residents. . The design of shared outdoor spaces should take into account the following: o orientation and shading for optimum solar access o shelter for access during inclement weather o planting location and type for durability, ease of maintenance and aesthetic quality 21 o ground surface materials to allow access in all weather conditions o privacy of dwellings facing open spaces o public access and measures to control access where required o safety, in the form of lighting, informal surveillance, as well as restricted access to pools and water features for children o shelter from noise, wind and traffic from adjacent streets or incompatible uses. 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 and/or mitigated by providing appropriate landscaping. . Generally parking aisles longer than 15 spaces should be separated by a landscaped island. . Joint access is permitted. . Wherever possible, internal or rear laneways should be provided for all townhouse dwellings. . Pedestrian walkways from parking areas to building entrances should be clearly defined through materials and lighting. . Short term bicycle parking should be provided for visitors. 13.4.6 Landscaping . Landscaping shall reinforce the street edge and provide buffers to adjacent uses. . Fences along street frontages should be low, transparent and decorative in nature to define private spaces but avoid inactive frontages. . Pedestrian-scale lighting should be provided for parking and open space areas and shall avoid light trespass on to adjacent properties. 13.4.7 Services and Utilities . Garbage areas shall be conveniently located for residents and for collection and shall be fully enclosed, preferably within the building. . Where provided, separate garbage enclosures shall have compatible materials and colours to the dwelling units and should be softened with landscaping on their most visible sides. . All mechanical equipment whether mounted on the roof or ground shall be screened from view. 22 13.5 Demonstration Plans - Schedule A of this Plan, the Demonstration Plan, shows one scheme for the development of the area that successfully implements the urban design, land use and transportation objectives of this Plan. The Illustrated Urban Design Policies in Schedule B of this Plan provides examples and precedents of the application of the urban design policies of the Plan. Schedules A and B are intended to be illustrative rather than prescriptive." 43. In Section 14.1, a) by deleting Sub-section b) and replacing it with the following: "b) provides increased densities in the Bowmanville West Town Centre and structured parking wherever feasible:"; b) by renumbering Sub-section c) as Sub-section d): c) by adding a new Sub-section c) and renumbering accordingly: "c) encourages walking and biking as alternative means of transportation; and" d) in renumbered Sub-section d), by replacing the word "surface" with the word "bus". 44. By deleting Section 14.2 and replacing it with the following; "14.2 The siting and design of buildings will consider concepts to maximize the potential energy savings including: a) orientation for maximum passive solar gain in winter; b) the construction of new buildings to meet the LEED Rating System; c) green roof design and the provision of well-designed landscaping of parking areas to minimize heat island effects; d) renovations of existing buildings for energy and water conservation will be encouraged; and e) the use of alternative sustainable energy sources, such as solar." 45. In the third sentence of Section 15.2.1: a) by deleting the word "These" from the beginning of the third sentence and replacing it with the words "Those roads"; and b) by deleting the words "which is intended" and replacing with the words "which are intended". 46. In Sub-section 15.2.3 a): a) by adding the words "transfer to and" before the word "assumption"; b) by adding the words "as public streets" before the words "at some future date"; and c) by adding the words "by the Municipality" to the end of the sentence after the word "necessary". 23 47. In Section 15.2.5, by deleting the words "appropriate road authority" and replacing them with the words "Region of Durham". 48. By adding a new Section 15.2.6 as follows: "15.2.6 As a precondition of development of certain lands in the Bowmanville West Town Centre, appropriate arrangements shall be made for the following critical components of the grid street system: a) for the lands north of King Street/Highway 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 Street/Highway 2 as identified on Map A; and ii) the construction of Stevens Avenue from Regional Road 57 through to the Boswell Drive extension as a combination of a public and a private road as identified on Map A. b) for the lands north of King Street/Highway 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 from Pethick Street to Regional Road 57 as a public street." 49. By changing the title of Section 15.3 from "Public Transportation Policies" to "Public Transit Policies". 50. By deleting Section 15.3.1 and replacing it with the following; "15.3.1 The Municipality, in conjunction with the Region of Durham and GO Transit shall endeavour to enhance public transit use and access in the Bowmanville 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 24 d) when the Municipality is proposing public works in the West Town Centre, the public authority will consider opportunities to improve the pedestrian and cycling environment, bus stops and shelters and streetscape enhancements. 15.3.3 Development in the West Town Centre will be transit- supportive through: a) providing for street-oriented development with no large parking areas between the adjacent primary public street and buildings; b) developing at higher densities; c) providing frequent pedestrian linkages from streets to stores, between buildings and through parking areas; d) contributing to a high quality public streetscape through landscape treatment along the streetline; and e) providing for compact development through shared parking where appropriate, and parking structures." 52. In renumbered Section 15.4.1 adding the words and private streets between the words "public road right-of-way" and "to enhance", 53. Deleting renumbered Section 15.4.2. and renumbering the remaining Sections accordingly. 54. In renumbered Section 15.4.3: a) by deleting the words "Future Streets" and replacing them with the words "private streets"; b) by deleting the words "Subsection 5.2.5(d)" and replacing with the words "" Subsection 5.2.5.b) and c) and Subsection 15.2.3. 55. In renumbered Section 15.4.4 by deleting the words and punctuation "shall be identified in the Urban Design Guidelines. These areas". 56. In renumbered Section 16.2.4, a) by replacing the words "Master Drainage Plan" with the words "Subwatershed Plan"; and b) by removing the words "or subwatershed" after the words "Bowmanville Creek"; c) by deleting the second and third sentences and replacing them with the following "All developments within the Bowmanville Creek watershed will be undertaken in accordance with the policies of the Brookhill Tributary Subwatershed Plan." 57. In renumbered Section 16.2.5, by adding the words "or Subwatershed Plan" to the end of the last sentence. 25 58. In renumbered Section 17.2.1 b), a) by adding the words "or any commercial development with loading, refuse pick-up or drive-through facilities within 60 metres of a sensitive use" to the end of the first sentence; and b) by adding the words "as appropriate" to the end of the last sentence. 59. In renumbered Section 17.2.2, by adding the following new sentence to the end of the Section; "In the event of a comprehensive review, Rezoning By-laws may be considered in advance of a site plan but will 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. By 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." 26 62. In renumbered Section 17.4, by renumbering the text as Section 17.4.1 and, a) by deleting the words "regard shall be had for" and replacing them with the words "shall comply with"; and b) by inserting the words "policies of this Plan and any Urban Design" between "Urban Design" and "Guidelines". 63. By adding a new Section 17.4.2 as follows: "17.4.2 Where a proponent submits a proposal for the development of land, the Municipality will require that the proponent demonstrate how the proposed design and organization of the site and buildings: a) Addresses the policies of this Plan, in particular the urban design policies of Section 13; b) Contributes to a compact, urban, pedestrian-oriented form and function, that enhances pedestrian accessibility, strengthens walking as the preferred means of getting from place to place and adds pedestrian amenities such as textured paving, seating benches and landscaped areas; c) Provides for access from transit stops; d) Contributes physical links into and integrates with the adjacent community; e) Contributes to the continuity of building faCfade 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 27 a number of individual departments and primarily engaged in the sale of a wide variety of commodities which shall include clothing, hardware, home furnishings and household appliances. b) LEED Rating System "LEED Rating System" shall mean the Leadership in Energy and Environmental Design Green Building Rating System established by the Canada Green Building Council as amended from time to time." 66. By amending Map A - Land Use as shown on Exhibit "A" 67. By Adding Schedules A and B. 28 EXHIBIT "A" To Official Plan Amendment No. 44 ~ U 0:: ~ ~ w ~ ~ Vl Vi ~ ..J Sl W Z 0 ..J <( 5 0:: W Z (J <( U a.. 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Q) .~ 8.. Vl ~ U c is ~ I- E ~ ~ .~ ,Q = -0-0 jJ -6~~ .E~ ,G '-+-Q)....c~-O::J~t o U Vl 0 C '-+- .9 0 ~ec;~o...coo .- 0 c c Q.) en > u ~-5i5oou6~'t E =EV)~(])(]) o ::J::J ...c > -0 ....o....cO)- -0 c 0 a (; .~ -0 0 6 0(1) --0(1)1- ~o~&;~~.2E o Oc..o-oUc ~~E&;Qle::~2 Q) .:;: -0 Q) 2' -5 'L ~{j6~-9~o2 Attachment 10 To Report PSD-027-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006 - being d By-law to amend By-law 84-63, respecting certain definitions and general provisions with respect to commercial development WHEREAS the Council of the Corporation of the Municipality of Clarington deems 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 F1an Review; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. By-law 84-63, as amended, is further amended as follows: a) By adding to Section 2, thereof, the following new definitions in alphabetical order as follows: "Bicycle Rack: shall mean a structure fixed to the ground or a building providing a location to park and secure a bicycle to. Bicycle Parking Facility, Indoor: shall mean a secure room or bicycle lockers within a building capable of storing a minimum of 6 independently-secured bicycles and which is readily accessible for employees or residents of the bUilding. Landscaping Strip: shall mean an area of land used for anyone or more of the planting of shrubs, flowers, grass or other horticultural elements. such as decorative stonework, fencing, or screening. Palking Space, Disabled Persons: shall mean a parking space that is designed and identified to be used by persons with a disability. Residential Zone: shall mean an Urban Residential Type One (R 1) 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 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). 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 - 1 - c). All loading spaces shall provide a vertical clearance of 5 metres. c. Loading space regulation table IBA81N~s',,', ctriEGUb\nbN.TABrLt*i: ;;;;-,,,--;; ----;; -- ',T"-:;'l H~~-:'--~':;~~t"'h-1'ftJ-;;:<r -0 1l:~fi " ' ' ------------- --- --------~--~~ --- " Legend Loading Space Requirements Length - 11 m Length - 7,5 m Width - 4 m Width - 3 m Residential and Health Care " "..' -:- , .' Apartment Building - 1 to 90 units 1 0 Apartment Bu'llding - 91 or more units 2 0 Hospital 4 0 Nursinq Home: Retirement home 1 0 Commercial and Gatherina Places ',. '.' .' " Assembly hall Bar; Business, Professional or Administrative Office; Convenience Store; Motor vehicle 0 1 Repair Garage: Place of Entertainment Other permitted uses up to 300 m" gross commercial floor 0 1 area Other permitted uses with 301 m" to 1 ,000 m2 gross 1 0 commercial floor area Other permitted uses with 1,000 m2 to 7,000 m" gross 2 0 commercial floor area Permitted b!ses with greater than 7,000 m2 gross 3 0 commercial floor area Industrial .', -c Permitted uses with UP to 1,000 m2 gross floor area 1 0 Permitted uses 1,001 mL to 3,000 m2 gross floor area 2 0 Permitted uses with 3,001 m2 to 7,000 m" qross floor area 3 0 Permitted uses with greater than 7,000 m2 gross floor area 3 spaces, plus 1 space for 0 every additional 10,000 m2 or portion thereof d, Access to loading spaces shall be provided by means of an aisle located on the same lot as the use requiring the loading spaces. The aisle shall be a minimum of 6 metres wide and shall lead to a driveway, e. Loading spaces shall not be provided in tandem and must be located abutting the building or structure for which they are required. f. Loading spaces shall be located in the interior side yard or rear yard, In Industrial Zones, loading spaces are also permitted in the front yard and exterior side yard provided the spaces are setback from the street line a minimum distance of 20 metres. g. When an addition to a building occurs, or the use of a building, structure, or lot changes, the provisions of Section 3.13 c) of this By-law shall apply to the additional floor area." c) By deleting in Section 3.16 a) the second paragraph beginning with the words "For the purpose of this By-law" including Subsections i) to iv) inclusive. d) By renumbering Section 3.16b) to g) inclusive to 3,16 f) to k) inclusive. e) By adding a new clause Section 3.16 b. as follows: "b DISABLED PARKING SPACES - 2 - (i) Each disabled persons parking space shall be a minimum 4.5 metres wide and 5.7 metres long, unless two or more disabled persons parking spaces are located abutting each other, in which case each space shall be a minimum 3.4 metres wide and 5.7 metres long. (ii) Disabled Parking Space Requirement Table 1= l= 11= I- I i ~'NLI twi abo umber of Parking Spaces Required By rking Space Requirement Table 3.16(a) Parking Spaces Disabled Persons 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 I 501 to 1000 2% of total 21 spaces plus 1 space for every Greater than 1000 additional 100 spaces or part thereof over 1000 parkinq spaces Ising homes, retirement homes, hospitals, medical and dental clinics shall provide ce the number of Disabled Persons Parking Spaces as shown in the column . ve. [ N Pa f) By adding a new Section 3.16 c. as follows: "c. PARKING SPACE SIZES (i) Each parking space shall be a minimum of 5.7 m by 2.75 m; (ii) Where the two outdoor parking spaces for single detached, semi- detached and/or townhouse units are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 m provided that the minimum landscaped open space within the front yard is 30 percent; (iii) Parking space size perpendicular to a landscaping strip having a minimum width of 3.0 metres may be reduced in size to 5.2 metres in length by 2.75 metres in width." g) By adding a new Section 3.16 d. as follows: "cJ PARKING AISLE REQUIREMENTS Each aisle shall be a minimum width of 6.0 m for two-way traffic and 4.5 m for ol1e-way traffic. h) By adding a new Section 3.16 e. as follows: "e PARKING OFF-SITE Notwithstanding Section 3.16 a), where parking spaces are provided in a location other than on the same lot as the use requiring such spaces, they sllall be located not more than 150 metres from the same lot, and shall be located within the same zone as the said lot." - 3 - i) By adding a new Section 3.16 I. as follows: "I. BICYCLE PARKING I) At least one bicycle rack shall be installed for each new building or in conjunction with an addition to a building in a C 1, C2, C3, C5, ca, or C9 zone or any exception zone thereto." ii) Any commercial establishment with a floor area greater than 5,000 square metres in a C1, C2, C3, C5, ca, or C9 zone or any exception zone thereto shall provide an indoor bicycle parking facility for employees. Minimum off-street parking requirements for motor vehicles contained within the Parking Space Requirement Table may be reduced by one space for every three bicycle spaces provided within an indoor bicycle parking facility. The floor area of an indoor bicycle parking facility shall not be considered for the purpose of calculating parking requirements or total floor area of the building." j) By amending all cross references to Section 3.16 contained within By-law 84-63, as amended. to correspond 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. By-Law read a first time this day of 2006 By-Law read a second time this day of 2006 By-Law read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk -4- Attachment 11 To Report PSD-027-06 TilE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006 - being a By-law to amend By-law 84-63, respecting certain lands in the Bowmanville West Town Centre WHEREAS the Council of the Corporation of the Municipality of Clarington deems it expedient to amend By-law 84-63. as amended, to implement certain recommendations of the Commercial Policy Review and the West Bowmanville Main Central Area Secondary Plan Review; NOW THEF\EFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: By-law 84-6.3, as amended, is further amended as follows: 1. By repealing the text of Sections 16.5.14 and replacing it with the following new text: "16.5.14 GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE Notwithstanding Sections 3.13, 3.16. 16.1 and 16.3 of By-law 84-63, those lallds 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: a) For the purpose of this Section, the term: (i) Bank kiosk: shall mean a financial office with a floor area of 50 square metres or less. (ii) Business establishment: shall mean a building, which contains any one or more of the permitted uses on lands zoned (C1-14). (iii) Business establishment street fa<;ade: shall mean the portion of the exterior wall located between finished grade and the level which is 3 metres above finished grade of a business establishment which wall faces a public street or a private street shown on Schedule 3 to By- law 84-63. (iv) Department store: shall mean a retail/commercial establishment containing a minimum of 5,000 square metres of leasable total floor area organized into a number of individual departments and primarily engaged in the sale to the public of a wide variety of commodities, including clothing, hardware, home furnishings, and household appliances. (v) Garden Centre: shall mean a building or part of a building, a structure or part of a structure and land for the displaying and selling of flowers, plants, shrubs, trees, or similar vegetation and related garden supplies for retail sale but shall not include a nursery. the storage or sale of motorized equipment, or the bulk storage of sand, gravel, soil, fertilizers or similar material. (vi) Street entrance: shall mean one of the principal entrances to each business in a business establishment which shall have a minimum height of 2.1 metres and a minimum width of 0,9 metres and shall be - 1 - located in the part of the business establishment street fagade which is at or within 0.2 metres above or below finished grade, provided that the street-related entrance shall be recessed from the business establishment street facade a minimum of 1.0 metres. b) Permitted Residential Uses: No residential dwelling units are permitted to be constructed or used. c) Permitted Non-Residential Uses: A shopping centre containing a maximum of 17,000 square metres of total floor area may be constructed or used for anyone or more of the following purposes: (i) assembly hall; (ii) bakery shop; (iii) business, professional or administrative Office; provided that such office shall be located in a second storey or greater of any building; (iv) convenience store; (v) day nursery; (vi) department store; (vii) dry cleaners distribution centre; (viii) eating establishment with no vehicular drive-through service; (ix) eating establishment - take out; (x) financial office; (xi) garden centre or seasonal garden centre accessory to a department store or supermarket; (xii) medical or dental clinic: provided that such clinic shall be located in a second storey or greater of any building; (xiii) place of entertainment; (xiv) printing or publishing establishment; (xv) private club; (xvi) retail/commercial establishment; (xvii) service shop, personal; (xviii) supermarket; and, (xix) veterinary clinic. d) Notwithstanding Section 16.5.14 c) (x) no more than two (2) financial offices, with the exception of bank kiosks, may be constructed and used on lands zoned as follows: C1-14, C8-1, C8-2, C8-3, C8-4, C9-1, C9-2, C9-3 and C9-4. - 2 - e) Regulations: (i) No building may be used on anyone or more portions of the lands zoned (C1-14) for the purposes of one or more of the permitted non- residential uses listed in Section 16.5.14 of the By-law unless a department store, which contains at least 6.500 square metres of total floor area, is constructed and operated on the lands zoned C 1- 14. (ii) A maximum of 17,000 square metres of total floor area may be constructed and used. (iii) Location of building from the southerly limit of Highway No. 2 and easterly limit of Green Road (minimum) 3 metres (iv) Location of building from the westerly limit of Clarington Boulevard a minimum of 0.5 metres; and a maximum of 3.0 metres (v) Location of building from the northerly limit of Prince William Boulevard (minimum) (vi) Landscaped open space (minimum) (vii) Height of building (maximum) (viii) Loading spaces (minimum) 5 metres 20 percent 4 storeys 5 (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 limit of Prince William Boulevard. (x) All entrances used or intended to be used by the public to access each business in a business establishment shall be located in an exterior wall of the business establishment, and for greater 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 repealing the title 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, unless otherwise specified. a) For the purpose of Section 22A, the term: (i) Bank. k.iosk.: shall mean a financial office with a floor area of 50 square metres or less; - 3 - (ii) Business establishment: shall mean a building, which contains any one or more of the permitted non-residential uses within the (C8) zone; (iii) Street entrance: a. For stores with a total floor area of 2,500 square metres or more shall mean one of the principal entrances to a business, which shall have a minimum height of 2.1 metres and a minimum width of 3.0 metres and shall be located in the part of the business establishment street fayade, which is at or within 0.2 metres above or below finished grade. b. For stores with a total floor area less than 2,500 square metres shall mean one of the principal entrances to a business, which shall have a minimum height of 2.1 metres and a minimum width of 0.9 metres, shall be located in the part of the business establishment street fayade, 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 fayade a minimum of 1.0 metre 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 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 be established in combination with other permitted non-residential uses. (vi) Garden Centre: shall mean a building or part of a building, a structure or part of a structure and land for the displaying and selling of flowers, plants, shrubs, trees, or similar vegetation and related garden supplies and equipment for retail sale but shall not include a nursery, or the bulk storage of unpackaged sand, gravel, soil, fertilizers or similar material. (vii) Large format retail store: shall mean a building or part of a building having a minimum total floor area of 2,500 square metres and containing non-residential uses permitted by Section 22A.2 operated individually or in combination. (viii) Primary business establishment street fayade: shall mean a business establishment street fayade containing the principal entrance to a business establishment. (ix) Retail/Commercial establishment; shall mean a building, or part of a building, in which goods, wares, merchandise, substances, articles or services are offered or kept for sale at retail or on a rental basis but shall not include any class of commercial establishment otherwise defined in Section 2;. (x) Medium format retail store: shall mean a building or part of a building operated or intended to be operated as a single retail or service business having a minimum of 1,000 square metres and a maximum of 2,500 square metres of total floor area and containing non-residential uses permitted by Section 22A.2. (xi) Stacking lane: shall mean a queuing lane for motor vehicles which is located on the same lot as the drive-through facility and which is - 4 - separated from other motor vehicle traffic on the same lot by barriers or curbs. (xii) Street: shall mean any public street. future public street or future private street shown on Schedule 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 future public street. 22A.2 Permitted Uses No person within the Large Format Commercial (C8) Zone shall use any land or erect, alter or use any building or structure except as specified in this Section, Section 22A.3, and the applicable provisions of Section 22A.4: a) Residential Uses: Not Permitted b) Non-Residential Uses: A large format retail store or a medium format retail store containing one or more of the following non-residential uses: (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 establishment; (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, light; (xvii) service shop, personal; (xviii) supermarket; (xix) tavern; and, (xx) theatre. cl 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 (C8) for any of the following non-residential purposes: (i) eating establishment; and - 5 - (ii) eating establishment with a drive-through facility. d) For the purpose of clarity, no portion of the lot on which a large format retail store or medium format retail store is located, shall be used for the following purposes: (i) outside display area; or (ii) outside storage area with the exception of temporary storage of shopping carts in the parking lot. 22A.3 Regulations for Non-Residential Uses a) Yard Requirements: (i) A large format retail store on a lot which abuts a public street or a future public street shown on Schedule 3 to By-law 84-63 shall have a yard between the facing wall of the building and the limit of the public street or future public street which has a yard width of a minimum of 3 metres and a maximum of 6 metres; (ii) A medium format retail store. or a building containing a use permitted by Section 22A.2 c) which is located on a lot which abuts a public street or a future public street shown on Schedule 3 to By-law 84-63 shall have a yard between the facing wall of the building and the limit of the public street or future public street which has a yard width of a minimum of 3 metres and a maximum of 5 metres; (iii) A building located on a lot which abuts a future private street shown on 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; (iv) A building located on a lot with a lot line, which abuts a residential zone boundary shall have a yard abutting the lot line with a minimum yard width of 10 metres; and (v) A building located on a lot with one or more lot lines which are not described in 22A.3 a) (i) to (iv), inclusive, shall have a yard abutting each lot line with a minimum yard width of 5 metres. b) Building Fac;:ade Materials: i) A minimum area of business establishment street fac;:ade between finished grade and the elevation which is 3 metres above finished grade shall be required to be constructed of transparent glass in accordance with the following table: Primary Business Any Other Business Type of Use Establishment Street Establishment Street Facade Facade Larqe Format Retail Store 20% 10% Medium Format Retail Store 40% 10% Eatinq Establishment 40% 10% ii) Notwithstanding Section 23A.3 b)(i), transparent or opaque glass may be used on any building fagade which is not a primary business establishment street fagade. - 6 - c) Articulation of Building Facades: (i) Business establishment street facades greater than 30 metres in length. measured horizontally, shall incorporate, a combination of wall plane projections and recesses which shall have a minimum depth or projection of not less than 1.0 metre, for the full height of the business establishment street fayade and shall extend a minimum of 20% of the length of the business establishment street fayade, measured horizontally. No uninterrupted length of a wall plane of any business establishment street fayade shall exceed 30 metres in length, measured horizontally; and ii) Where a business establishment street fayade is greater than 30 metres in length (measured horizontally), the roofline of the fayade (being the top edge of the facade, or where there is a parapet wall the top edge of the parapet wall) shall incorporate at least one variation in height for each 30 metres in length or part thereof of the building establishment street facade such that two adjacent sections of the roofline shall have a difference in height measured relative to each other of at least 1.2 metres. The combined length of the sections of the roofline that provide for the aforesaid variation in height shall comprise a minimum of 20% of total length of the roofline. d) Street Entrances: At least one street entrance for each business shall be located in a business establishment street fayade of a business establishment, provided that if the business establishment has more than one business establishment street fayade, no more than one business establishment street entrance is required. e) Screening of Rooftop Mechanicals: Notwithstanding Section 3.10, where a building has a flat finished roof containing rooftop mechanical heating, ventilation or air-conditioning stacks or vents to serve the building, the building must have either: (i) A solid parapet wall with a minimum height of 1.5 metres above the finished elevation of the roof which extends around the entire perimeter of the roof; or (ii) A solid parapet wall or an architectural element or feature integrated with the building extending above its roofline which will prevent rooftop mechanical heating, ventilation and air- conditioning stacks or vents from being viewed from a height of 1.8 m above the average height of that section of the curb on Highway No. 2 located on the same side of the street as the building between the intersection of the projections of the east and west walls of the building and Highway NO.2. The height of the solid parapet wall or integrated architectural element or feature shall be extended consistently around the entire building to provide the same level of screening on all sides. f) Screening of Loading Spaces: A required loading space shall be screened from adjacent street shown on Schedule 3 to By-law 84-63, by a wall constructed of the same materials as the business establishment street fayade and having a minimum height of 5 metres measured from finished grade and a minimum length of 11.0 metres. - 7 - g) Landscaping: (i) Landscaped Open Space (minimum) 10 percent (ii) A minimum 3.0 metre wide sidewalk located in whole or in part within a street allowance or privately owned lands or a combination thereof shall abut the primary business establishment street fayade of all buildings containing one or more business establishments; (iii) Where the boundary of a C8, zone or any C-8 exception zone coincides with or abuts a residential zone boundary, a landscaping strip with a minimum width of 3.0 metres shall be provided on the lot within the C8 zone or within any C8 exception zone thereto; (iv) All parking areas, drive aisles in or to parking areas and stacking lanes shall be separated from abutting streets shown on Schedule 3 to By-law 84-63 by a landscaping strip having a minimum width of 3.0 metres which shall be continuous except for breaks to accommodate vehicular access to drive aisles; (v) Within a parking area, every row of parking spaces shall abut at each of its ends a landscaping strip 4.5 metres in length and 2.5 metres in width; and (vi) Within each row containing 25 or more parking spaces, an intermediate landscaping strip 4.5 metres in length and 2.5 metres in width shall be provided. h) Parking: (i) 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 of 2.75 metres and a minimum length of 7.0 metres; (ii) No motor vehicle parking space or drive-aisle to a parking space shall be located between a building and a street line; and (iii) Notwithstanding the provisions of Section 3.16 a) of this By-law, the number of parking spaces that shall be provided on a lot shall be as follows: Use Number of Parking Spaces Required A minimum 1 space per 30 square large format retail store; and metres and a maximum of 1 space per 20 square metres of medium format retail store 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 f-through facility 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 - 8 - i) Drive-Throughs: Where a drive-through facility is permitted, the following requirements shall apply: (i) A stacking lane shall be provided and maintained on the lot on which the drive-through facility is located which shall have a minimum length of 72 metres. a minimum width of 3 metres and any entrance to it shall be located a minimum of 18 metres from the limit of a street or shown on Schedule 3 to By-law 84-63; (ii) No part of a stacking lane shall be so located that at any time any motor vehicle which uses it may block, impede or interfere with the use of any parking space required to be provided on the lot on which the drive-through facility is located; (iii) No portion of the stacking lane shall be located between a building and a street line; and (iv) Notwithstanding Section 22A.3 i) (i). a drive-through facility which is not an eating establishment with a drive-through 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. j) Garden Centre: (i) Notwithstanding 22A.2 (d) a garden centre facility having a maximum area of 600 square metres that is roofed and enclosed on all sides (but which has a portion of its enclosure exposed to the elements) and which abuts a large format retail store may be constructed and used provided that 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 (ii) The area of the garden centre permitted by clause j)(i) of this Section, shall be excluded from the calculation of the maximum total floor area, provided that parking for the area of the garden centre is provided in accordance with the provisions of the by-law. kl Seasonal Garden Centre: (i) Notwithstanding Sections 22A.2 (d) and 22A.3 j)(i), a portion of the parking area located on the lot which contains not more than 500 square metres and is enclosed by a temporary fence and one or more gates may be used for the purposes of seasonal garden centre as accessory to a permitted use for not more than a total of 90 days each calendar year; and (ii) The seasonal garden centre permitted by 22.A.3 k)(i) shall not include the storage or sale of motorized equipment, and is not required to provide parking spaces in accordance with Section 3.16 a) of this By-law. I) Other: - 9 - (i) Any building located in a C8 zone or a C8 exception zone shall be deemed not to be a shopping centre for the purposes of this by- law. 22A.4 SPECIAL EXCEPTIONS LARGE FORMAT COMMERCIAL (Cal ZONE 22A.4.1LARGE FORMAT COMMERCIAL EXCEPTION (Ca-1l ZONE a) Notwithstanding Section 22A.2, in addition to the uses permitted in a C8 zone, one motor vehicle service station may be constructed and used within a large format retail store. b) In addition to the regulations contained in Section 22A.3, the following additional regulations shall apply to the lands zoned C8-1: (i) The maximum total floor area that may be constructed and used within the C8-1 zone is 14,030 square metres; (ii) A minimum of 80% of the total floor area constructed or used on the lands zoned C8-1 must be located within large format retail store; and (iii) No occupancy of a building for the purposes of a large-format store may occur prior to February 1, 2007. c) None of the provisions of Sections 3.16 e), 22A.3(a)(i) and (iii), (b), and (c)(i), (h)(ii) and (iii), U)(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 fagade is required to be constructed of glass; (iv) The primary business establishment street facade, shall incorporate, a combination of at least two (2) wall plane projections and recesses extending the full height of the building having a minimum depth or projection of 2.0 metres and extending a minimum of 20% of the length of the primary business establishment street fagade 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 vicinity of the main entrance to the building, provided there is no display of building - 10- materials, empty pallets, containers, storage units, refuse containers or large equipment; (viii) 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; (ix) An indoor bicycle parking facility for employees shall not be required; ix) Parking shall be permitted to be located between Boswell Drive and a large format retail store; and (xi) Lands zoned C8-1 may be used to accommodate a portion of the required parking spaces for a legally permitted use in an abutting C9-2 zone. 22A.4.2LARGE FORMAT COMMERCIAL EXCEPTION (C8-2) ZONE a. Notwithstanding Section 22A.2 (b) in addition to the uses permitted in a C8 zone, a building or structure may be constructed and used for the purpose of one motor vehicle fuel bar and one motor vehicle wash on lands zoned C8-2. b, Notwithstanding Section 22A.2(b), the only garden centre permitted is a seasonal garden centre. c. In addition to the regulations contained in Section 22A.3, the following additional regulations shall apply to the lands zoned C8-2: (i) The maximum total floor area within the C8-2 zone is 16,525 square metres; (ii) The seasonal garden centre shall not exceed 1,400 square metres; (iii) A motor vehicle fuel bar, and motor vehicle wash shall have a yard with a yard width of a minimum of 5 metres from a street shown on Schedule 3 to By-law 84-63; (iv) The stacking lane required for the motor vehicle wash shall have a minimum length of 72 metres, a minimum width of 3 metres, and an entrance to 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 (v) No occupancy of a building for the purposes of a large-format store may occur prior to February 1, 2007. d None of the provisions of Sections 3.16 e), 22A.3(a)(i) and (iii), (b), (c). d(i), (h), shall apply to prohibit the construction or use of a building or structure for a purpose permitted in a C8 zone provided that following regulations are complied with: (i) The minimum yard requirement for a building from a public street shall be 5 metres; (ii) There shall be no minimum yard requirement for a large format retail store business establishment street far;:ade from a future - 11 - private street shown on Schedule 3 to By-law 84-(33 provided that: a) The portion of the business establishment street fa~ade 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 b) The portion of the business establishment street fa<;:ade 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. (ii) A minimum of 20% of the primary business establishment street fa<;:ade and 10% of any other business establishment street fa<;:ade shall be constructed of transparent glass; (iv) A primary business establishment street facade shall incorporate a combination of two (2) wall plane projections or recesses having, in combination, a minimum projection or depth of 5.0 metres and extending a minimum of 16% of the length of the primary business establishment street fac;:ade measured horizontally; (v) A business establishment street facade facing Green Road shall incorporate at least one (1) wall plane projection or recess extending the full height of the building above finished grade which shall have a minimum projection or depth of 1.0 metres and shall extend a minimum of 30% of the length of the business establishment street fa<;:ade measured horizontally; (vi) The roofline of a primary business establishment street facade (being the top edge of the facade, or where there is a parapet wall the top edge of the parapet wall) shall incorporate at least two (2) variations in height such that for each such variation in height two adjacent sections of the roofline shall have a difference in height (measured relative to each other) of at least 3.0 metres, The combined length of the sections of the roofline that provide for the aforesaid variation in height shall comprise a minimum of 20% of total length of the roofline; (vii) The outdoor display and sale at retail of goods permitted to be sold in a large format retail store shall be permitted under a roofed area (created by a canopy or other building projection) located between two (2) street entrances of the business establishment street fa~ade of a large format retail store provided that the storage or sale of motorized equipment, the storage and display of merchandise on pallets, the storage of empty pallets, containers, storage units, refuse and any thing not required for the display and sale of merchandise shall not be permitted; (viii) An indoor bicycle parking facility for employees shall not be required; (ix) Parking shall be provided in accordance with the provisions of Section 22A.3 h) (iii) except that the maximum number of parking spaces for a large format retail store or medium format retail store shall be calculated at a rate of 1 space per 19 square metres; and - 12 - (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 (C8-3) ZONE a. In addition to the regulations contained in Section 22A.3, the following additional regulations shall apply to the lands zoned C8-3: (i) The maximum total floor area that may be constructed and used within the C8-3 zone is 5050 square metres; and (ii) A minimum of 80% of the total floor area constructed or used on the lands zoned CB-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 CB 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 Schedule 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 CB-4 zone and/or C9-4 zone. 22A.4.4 LARGE FORMAT COMMERCIAL EXCEPTION (C8-4) ZONE a) Notwithstanding Section 22A.2 (b), only a Large Format Home Improvement Store and a Garden Centre and Seasonal Garden Centre accessory to a permitted use are permitted in a C8-4 zone. b) For the purposes of this zone the following definitions shall apply: i) a Home Improvement Store is a facility specializing in the sale of home building/design and garden products. Goods offered for sale may include, lumber, lighting, electrical and plumbing supplies, hardware, flooring, window coverings, roofing materials, painUwallpaper, furniture and appliances, seasonal items, lawn and garden supplies and indoor plants. A tool rental centre, fast food kiosk, which is not a drive-through facility, and do-it-yourself training facilities are permitted as accessory uses in a home improvement store; and - 13 - ii) a Primary Business Establishment Street Fac;ade 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), O)(i), and (k)(i) shall apply to prohibit the construction or use of a building or structure permitted in a C8-4 zone. provided that following regulations are complied with. (i) A Large Format Retail Store or enclosure shall have a yard with a yard width of a minimum 3 metres from a public street (Clarington Blvd.) shown on a Schedule to this By-law; (ii) A Large Format Retail Store shall have a yard with a yard width of a minimum 3 metres and a maximum 6.0 metres from a future public street (Stevens Road) shown on a Schedule to this By- law; (iii) A Large Format Retail Store shall have a yard with a yard width of a minimum 0 metres from a future private street shown on a Schedule to this By-law; iv) A minimum of 20% of the primary business establishment street facade shall be constructed of transparent glass; (v) A minimum of 10% of the business establishment street facade shall be constructed of glass and no portion of any other business establishment street 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 establishment street fac;ade is greater than 30 metres in length (measured horizontally), the roofline of the fac;ade (being the top edge of the roof, or where there is a parapet wall the top edge of the parapet wall) shall incorporate a variation in height such that two adjacent sections of the roofline shall have a difference in height (measured relative to each other) of at least 0.8 metres and there shall be at least one such variation in height for each 42 metres of the length of the business establishment street fac;ade (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 fa<;:ade - 14 - facing a public street or a future public street that has the same architectural detail and material as the large format retail store; ix) A second storage area may be constructed and used for tool rentals, provided the area does not exceed 40 square metres,; x) A garden centre facility having a maximum area of 1630 square metres that is partially roofed and enclosed on all sides (but which has a portion of 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 an80 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 establishment, which shall have a minimum height of 2.1 metres and a minimum width of 0.9 metres and shall be located in the part of the business establishment street fac;ade. which is at or within 0.2 metres above or below finished grade and shall be recessed from the business establishment street fac;ade a minimum of 1.0 metres and a maximum of 3.0 metres. (iv) Business establishment street fac;ade: shall mean the portion of the exterior wall of a building which wall faces a street and in no case shall be angled at more than 45 degrees from a street shown on Schedule 3 to By-law 84-63. (v) Drive-through facility: shall mean the use of land, buildings or structures. or part thereof, to provide or dispense products or services, either wholly or in part, through a window or an automated machine, to customers remaining in motor vehicles which are located in a stacking lane. A drive-through facility may - 15 - be established in combination with other permitted non- residential uses. (vi) Permitted corner fac;ade: shall mean a portion of the business establishment street fac;ade which exceeds an angle of 1350 measured at the intersection of the wall plane of the cover fac;ade and the principal portion of the business establishment street fac;ade. (vii) Primary business establishment street fac;ade: shall mean a business establishment street fac;ade containing the principal entrance to a business establishment. (viii) Stacking lane: shall mean a queuing lane for motor vehicles which is located on the same lot as the drive-through facility and which is separated from other motor vehicle traffic on the same lot by barriers or curbs. (ix) Street: shall mean any public street, future public street or future private street shown on Schedule 3 to By-law 84-63 (x) Street line: shall mean the 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. 228.2 Permitted Uses No person within a Street-Related Commercial (C9) Zone shall use any land or construct or use any building or structure except as specified in this Section, Section 22.B.3 and the applicable provisions of Section 22.B.4: a) Permitted Residential Uses: Residential dwelling units are permitted to be constructed or used on the second floor or higher of a building containing permitted non-residential uses. b) Permitted Non-Residential Uses: (i) assembly hall; (ii) bakery shop; (iii) beer, liquor or wine retail outlet (iv) business, professional, or administrative office on the second floor or higher of a building containing permitted non-residential uses; (v) convenience store; (vi) day nursery (vii) dry cleaning distribution centre; (viii) eating establishment; (ix) financial office (x) laundry-coin-operated (xi) medical or dental clinic on the second floor or higher on the second floor or higher of a building containing permitted non-residential uses; (xii) place of entertainment; (xiii) printing or publishing establishment; (xiv) private club; (xv) retail/commercial establishment; - 16 - (xvi) school, commercial (xvii) service shop, personal; (xviii) service shop, light; (xix) tavern; and (xx) theatre. c) For the purposes of clarity, no portion of a building shall be used for any of the following purposes: (i) A drive-through facility; and (ii) An eating establishment with a drive-through facility. d) Notwithstanding the provision of Section 22.8.2 b)(ix), no more than two financial offices. with the exception of bank kiosks, shall be constructed and used on lands zoned C1-14, C8 or any C8 exception zone, and C9 or any C9 exception zone. 228.3 Regulations a) Store Size Restriction: Total floor Area of an individual business establishment shall be a minimum of 300 square metres and a maximum of 1000 square metres. b) Yard Requirements: (i) A building on a lot which abuts a public street or a future public street shown on Schedule 3 to By-law 84-63 shall have a yard between the facing wall of the buildings and the limit of the street or streets in question which has a yard width of a minimum of 0.5 metres and a maximum of 3.5 metres; (ii) A building on a lot which abuts a future private street shown on Schedule 3 to By-law 84-63, shall have a yard which abuts the limit of the future private street with a yard width of a minimum of 0.5 metres and a maximum of 3.0 metres; (iii) Notwithstanding Section 22B.3 b) (i) and (ii) where a lot abuts more than one of a public street, future public street or future private street shown on Schedule 3 to By-law 84-63, a building or structure constructed or used on that lot is required to comply with the yard requirements applicable to only one of the aforesaid public street or future public street; (iv) A building on a lot with a lot line which abuts a residential zone boundary shall have a yard abutting the lot line with a minimum yard width of 15 metres; (v) A building on a lot with one or more lot lines which is not described in Sections 22B.3 a) (i) to (iv), inclusive, shall have a yard abutting each lot line with a minimum yard width of 5 metres; and (vi) Sections 22B.3 b) (i) and (ii) do not apply to the corner fayade provided that the corner fayade does not exceed 20% of the business establishment street fayade. C) Building Heights: (i) Height of building containing non-residential uses (maximum) 3 storeys - 17 - Iii) Height of building containing a combination of residential and non- residential uses (maximum) 6 storeys d) Building Fac;: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 fac;:ade located between finished grade and an elevation which is 3 metres shall be constructed of transparent or opaque glass. e) Street Entrances: (i) Buildings located on a lot abutting the street lines at the intersection of any of the following intersections, shall have a primary street entrance located in the business establishment street fac;:ade which faces the boundary of the sight triangle which is neither a street line or a projection of a street line used in forming the sight triangle: . Highway NO.2 and Green Road; Highway NO.2 and Clarington Boulevard; and/or . Clarington Boulevard and Uptown Avenue. (ii) At least one street entrance for each business shall be located in a business establishment street fac;:ade of a business establishment, provided that if the business establishment has more than one business establishment street fac;:ade, no more than one business establishment street entrance is required; (iii) Notwithstanding Section 22B.3 e) (ii), where a building contains three or more individual business establishments, only the building establishments located at each end of the building are required to provide a street entrance; and iv) Notwithstanding Sections 22B.3 e) (i) and (ii), where an individual business is located in a portion of a building in a manner where no portion of the individual business is located within 20 metres to a street line, no street entrance shall be required. f) Canopies: 50% of all the buildings within the zone and property limits shall incorporate as an architectural element of the building a canopy over the principal entrance to each business with a minimum depth of 1.5 metres measured perpendicular to the face of the business establishment street fac;:ade and a minimum height of 2.5 metres above finished grade. g) Building Articulation: A building having a business establishment street fac;:ade greater than 20 metres in length, measured horizontally, shall incorporate for at least 20% of its length a combination of wall plane projections and recesses having a minimum depth or projection of 0.60 metres for the full height of the building above finished grade. h) Screening of Rooftop Mechanicals: - 18 - Notwithstanding Section 3.10, where a building has a flat finished roof containing rooftop mechanical heating, ventilation or air-conditioning stacks or vents to serve the building, the building must have either: (i) A solid parapet wall with a minimum height of 1.5 metres above the finished elevation of the roof which extends around the entire perimeter of the roof; or (ii) A solid parapet wall or an architectural element or feature integrated with the building extending above its roofline which will prevent rooftop mechanical heating, ventilation and air-conditioning stacks or vents from being viewed from a height of 1.8 m above the 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 within a street allowance or privately owned lands or a combination thereof shall abut the primary business establishment street fagade 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. 228.4 SPECIAL EXCEPTIONS STREET-RELATED COMMERCIAL (Cg) ZONE 228.4.1 STREET-RELATED COMMERCIAL EXCEPTION (C9-1) ZONE a) Notwithstanding Section 22B.2 b) in addition to the uses permitted in the C9 zone, one building may be constructed and used on the lands zoned (C9-1) for the purposes of an eating establishment with drive-through facility. - 19 - b) In addition to the other regulations contained in Section 22B.3 the following additional zone regulations apply to the lands zoned C9-1: (i) Total Floor Area (maximum) 1580 square metres c) None of the provisions of Sections 3.16 e) and 22B.3 b) (i) shall apply to prohibit the construction or use of a building or structure for the purpose permitted in a C9 zone, provided that the following regulations are complied with: (i) A building on a lot which abuts Clarington Boulevard shall have a yard which abuts it with a yard width of a minimum of 0.5 metres and a maximum of 3.0 metres. Buildings which abut Highway No.2, other than those legally existing on December 12, 2005 shall comply with the yard requirements specified in Section 22B.3 b) (i); (ii) Lands zoned C9-1 may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C 1-14 zone; and (iii) Notwithstanding Section 22B.3 b) (i), a building on a lot which abuts a public street or a future public street shown on Schedule 3 to By- law 84-63 shall have a yard between the facing wall of the buildings and the limit of the street or streets in question which has a yard width of a minimum of 0.5 metres and a maximum of 4.0 metres. 228.4.2 STREET-RELATED COMMERCIAL EXCEPTION (C9-2) ZONE a) In addition to the regulations contained in 22B.3, the following additional zone regulations apply to the lands within the (C9-2) zone: (i) Total Floor Area (maximum) 4000 square metres (ii) Notwithstanding Section 3.16 e), lands in a C9-2 zone may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C8-1 zone or C8-2 zone; (iii) Notwithstanding Section 22B.3 a) a maximum of three (3) individual business establishments with a total floor area less than 300 square metres, but greater than 100 square metres may be constructed and used. 22B.4.3STREET-RELATED COMMERCIAL EXCEPTION (C9-3) ZONE a) In addition to the regulations contained in 22B.3, the following additional zone regulations apply to the lands within the (C9-3) zone: (i) Total Floor Area (maximum) 3800 square metres; (ii) A publicly 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 - 20- (iv) Notwithstanding Section 22B.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 (C9-4) 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 (ii) Notwithstanding Section 3.16 e), lands zoned C9-4 may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C1-7 zone. 2. By amending Schedule "3" to By-law 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 Uy-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 of the Planning Act, R.S.O. 1990 cP13. By-Law read a first time this day of By-Law read a second time this day of By-Law read a third time and finally passed this day of 2006 2006 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk - 21 - I This is Schedule I passed this I "A-1" to By-law 2006- day of , 2006 A.D. .............. ........,................... ......... ... ~zmmG'0o~0il iiil , "' ;'" \,NeT ~::""'I Zoning Change From "A-74" To "(H)CS-1" ~ Zoning Change From "(H)CS" To "(H)CS-2" ~ Zoning Change From "A" To "(H)CS-2" ~ Zoning Change From "(H)CS" To "(H)C9-2" ~ Zoning Change From "A-74" To "(H)C9-2" --------- ----... Bowmanville John Mutton, Mayor Patti L. Barrie, Municipal Clerk ~ , LLIY'';lU.iE COURT ------ "., , >'>.. i ~", .~~- // ;/ // /- ~~ \ --, '--<'" ",~---------- ~ ~--..,,~ .--=::::::-::::-.:: :; ~ ~ ~~_~ _J ~ ~ uPTOWN AVE r- ~I ,I , '(2 I~t-----'I- l j This is Schedule "A-2" to By-law 2006- passed this day of , 2006 A.D. , I L h 1- ~a rdddddddj . . . . . . . . . . . , . . .. .. .... ...................... ................. ... ................-..... , . . . . . . . .. ... . . ., -... ...................... ...............,.,-... ~ ~ DDD z o f- C) Z ~ :5 u UPTOWN AVE o > -I OJ /! i ~N~ c--"i/ , ) / I I Zoning Change From "A" To I(H)C8-3" Zoning Change From "A" To I(H)C9-3" Zoning Change From "C1-1S" To I(H)C9-3" Zoning Change From "A" To "(H)C8-4" Zoning Change From "C1-1S" To "(H)C8-4" !- , _I(j',~, ~,iU':,Ci--, -,~ ~~, i , I~ I -,-~----"~ --...._--------\j~.~---- I "'---., , i ~I ~'"C, ,~c~ ~~ ...::~ D\JR"rl~>l\Gt\\IrI"'12 ~. I ~~""~. I ~ -~ z' ~ r~t---j- l . ... ~~ This is Schedule "A-3" to By-law 2006- passed this day of , 2006 A.D. ~ '/ ~~~~ ]] ~~~ iIW:;:f 1[1[11 z 0 I- :::}} C) z - 0::: <C '// -.J :::::::::::r::::::::: U ::::::::: .^' ::r ..j~l\ Nl , ~ - .:::::::: r---- 0 ).t <C 0 0::: Z W W cr: C) :::::::::::::::::::::::::: r---" . I PRINCE WILLIAM BLVD.; I i I /~ ~ Zoning Change From "C1-14 Area A" To "C9-1'~ I . I ~ Zonmg Change From "C1-14 Area B" To "C9-1" (..:..:...:..:.'..........1 Z . Ch F "C1 14 A A" T "C1 14" ::}}\::::}}:}::: onmg ange rom - rea 0 - i ....., J,~:l~; ~J~l_.;.tcn, i\-1c\;::,~ P,Jt< :_. ~'-" ,_. ~'/.;~;Ii:::;:)c':~'e:-f ~II j ~ This is Schedule passed this ~_ IU.' 'IG/-iWAY 2: ~ / I I I I I I I I I I I I I I I I I I I I I I I L___________ PRINCE WilliAM ~ ":r "A-4" to By-law 2006- day of , 2006 A.D. z o l- e.') Z 0:::: <( ~ u BLVD. / DURH.t\\v\1 ::;c;:1:" ~. E:]rr,~, ~!I,-,~;:::lp.J C:le(r I , I . /-/; ~^'~ :---.,~' Attachment 12 To Report PSD-027-06 TIlE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006 - being a By-law to amend By-law 84-63. respecting certain lands at the south- west corner of Highway 2 and Regional Road 57 in the Bowmanville West Town Centre WHEREAS the Council of the Corporation of the Municipality of Clarington deems it expedient to amend By-law 84-63, as amended, to implement certain recommendations of the Commercial Policy Review and the West Bowmanville Main Central Area Secondary Plan Review; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. By-law 84-63, as amended, is further amended by deleting from Schedule '3" the identification of the lands at the southwest corner of Regional Road ~j7 and Highway No.2, the designation "Commercial Exception (C2-4) and replacing it with "Agricultural (A)" zone. 2. Ily amending Schedule "3" to By-law 84-63 as amended to correspond with Schedule "A" attached to and forming part of this By-law. 3. rhis By-Law shall come into effect on the date of the passing hereof, ';ubject to the provisions of Sections 34 of the Planning Act, R.S.O. 1990 cP13. By-Law read a first time this day of 2006 By-Law read a second time this day of 2006 By-Law read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk - 1 - This is Schedule "A" to By-law 2006- passed this day of ~ 2006 A.D. DURHAM HIGHWAY 2 I I I ! /' // / " // / / // // // , ~~ L() ~ KING I o <( c ex: -.J <::: z o C) w ex: .:2 <( ::r:: 0:::: :=J o /--: . :N~ , ;--- /u_ z( I [ i ! ~,j Zoning Change From I{H)C2-4" To "A" 'HI)~.;'"' r'/I,.)',!:- Fot+.: '_' Bc"'rie, ~,~i.jr:C;:~G! :::-ie.....' ~ ~ . ! DuRl-Io'oM HIGHW"" 1 ~n Bowmanville Attachment 13 To Report PSD-027-06 ~ l~ is ~ ~~'~:L_ _ .. , - ---- ---L-~.: --~-~C(ssiON~' _ _ _ _=~=- ~ -~=::_:~~D_'"-:~ ^"~:-_-'"--- _ ______,~,:'"~\ Option 1 '-- Jt g I ~ r I I \ I I I I I I I ...- ..... l 1',_."" , I I r'r'-::: =.' ="::':..-.=-- ~i I {II Ii I '-" \ I /( ~ l~.' --", , \ , \ I I I I I I I I I I I I I I I I I I I ..._----~ I I I I I I I I I I I I I I I I I I I I I I ------J I I I I I I I I ------1 I I I I I I I I I I I I ___n_., I I I I I I I I I I I ------1 I I I I I I I I I ! Attachment 14 rt PSD-027-06 To Repo If '--- z tjl 0::, 01 I I I I I I I 1 I r I I I I I I I I I I I I I I I I I I I I I I f--.~_ "-.-. J =:=:=:= I _'_'_',= -.-.-.-==::.....'-l- - - ~...,... -- " · -.-.-.--c-c.____ \ / ,., .-.-.-.-.-.-.-.-:::::..--- .-.-.-.- .-::-::::.::.=.='+1'=.- - - - - , ! '-- T .__._._.=_____ . !,r:--.-.-.=:-..:-.::",*-u __ _ , rtr--- I III Ii UP_ ..... '-, " \ \ \ \ \ \ I I I I --- --- -------..., I I I I I I I I I I I I Attachment 15 To Report PSD-027-06 } Ie z w W 0:: C) .r- r I I I I I I I I I I I \ I' i --....... I . r>.:.:;=: -=.' =. =-=- -..:- - ~ I I II , .::z:=., c::=:=:=:: I '-" \ i /r Attachment 16 To Report PSD-027-06 Cl![-!lJglOn 29 June 2005 Peter Walker Walker Nott Dragecivic 172 St. George Street Toronto, ON M5R 2M7 Dear Sir: Re: A YT Proposal for Large Format Retail at Bennett Road and Highway 401 File Nos.: COPA 2004-007 and ZBA 2004-055 (X-ref: ROPA 2004-006) As you are aware, Council referred staff report PSD-097 -05 back to staff for consideration at the July 15, 2005 Special Council Meeting. In your planning report, you reference "the commitment of A YT to extend infrastructure (Baseline Road and full municipal servicing) functions as a public benefit that will attract additional employment uses to the area." At the Council meeting on June 27, 2005, Mr. Kagan also made a similar statement about A YT's proposed commitment to extend services as a public benefit. The Municipality's preliminary estimate of the required municipal and regional services is in the order of $5.2 million. In order for staff to prepare a report for Council's consideration on July 15, 2005, I need to have more specific information of A YT's proposed commitment: . What infrastructure items your client would fund? . What limitations or conditions, if any, would this proposed commitment be subject to? . When would the construction of services commence? . Would securities be provided by your client in support of an agreement to fund the servicing? . What commitments, if any, would your client expect to receive from the Municipality or other landowners respecting the provision of the services in question? CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 Peter Walker - Page 2 Your early response to this request is necessary in order for us to advance to the July 15th meeting. I would appreciate a response by July 5th to provide us with an adequate opportunity to review it in conjunction with the preparation of our report to Council on the planning instruments on July 15, 2005. If you have any questions or require clarification, please do not hesitate to contact me. Yours very truly, Da Id J. Crome, M.C.I.P., R.P.P. Director of Planning Services /df cc. Mayor John Mutton Councillor Jim Schell Tony Cannella, Director of Engineering Services Crome, David Attachment 17 To Report PSD-027-06 From: Peter Walker [pwalker@wndplan.com] Sent: July 8, 2005 4:09 PM To: Crome, David Cc: ikagan@kzfs.com; saverio@melodyhomes.com; Mary Feehely Subject: Reply to your letter of June 29,2005 David, in reply to your abovenoted letter,1 am authorized to tell you the following: On the assumption/condition that AYT receives approval for the application that is before the Town, or an agreed-upon compromise, A YT will extend the Base Line Road, including the in-road services, to Bennett Road. A YT will agree that construction on these improvements will commence and be completed before permits are issued for development of the A VT land. The costs for these improvements (to be designed in concert with the Town and/or Region,so they are acceptable to the municipality),are to be included in an area-specific DC,and there is to be a front-ending agreement approved by by-law ( a technique I am told is familiar to the Town), and all persons/corporations making use of these improvements for development purposes,except existing residential uses, will be required to contribute at the time of the approval of their application(s) to the repayment of the front-ending capital, in a proportionate manner. Security is to be posted by A YT prior to receiving any authorization to commence said works. I may not have used the wording that you would normally use in such matters,and for that I apologize, but the details from A YI's standpoint, as I have been instructed to convey to you ,are there. We can sort out other words at a subsequent time if that is required. I hope that this satisfactorily answers your queries in the abovenoted letter. Sorry for the delay in this but as you can understand, prior to responding to your specific questions, I had to obtain specific details,beyond the general statements which both Ira Kagan and I had provided to you and the Town Council. Yours truly, Peter Peter R. Walker, FCIP, RPP President & Senior Principal Walker, Nott, Dragicevic Associates Limited 172 S1. George Street, Toronto, ON M5R 2M? Phone 416968-3511 Fax 416960-0172 --------------------------------------------------------- --------------------------------------------------------- NOTE: This e-mail message is intended only for the named recipient(s) above and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received this message in error, or are not the named recipient(s), please immediately notify the sender and delete this e-mail message. ----------------------------------------------------------- ----------------------------------------------------------- 11107/2005 Attachment 18 To Report PSD-027-06 , GA.1\.T -:: .."'"..', W"I . ", . ...- . S',..nu..,""'..'-c .. -, . ., . " ... . - , .::': ,,~, -. .' " .: ,: .' - ." ...". . . B'arris,te:r:S: & S61It ita!s ha T. Kagan Tel: 416-368-2100 Fxt.226 Direct Fax: 416-324-4224 Frmail: i.kattan@kzfs.com File # 04254 July 11,2005 By Fax (905-623-6506) Mr. David Crome Director of Planning Services Municipality of Clarington 40 Temperance Street Bo,",vmanville, Ontario LIe 3A6 Dear Mr. Crome: Re: OPA and ZBA for AYT Cor)loration Your fIle #s: COPA 2004-00'i & 2004-055 Bennett Road between Baseline Road and Highway 401 Weare the solicitors for A YT Corpontion. Mr. Walker is away from the office on vacation and so we are replying to your email to him of July 8th at 9:03pm. This reply is supplemental to Mr. Walker's email of July 8th at 4:09pm to) which you sought further clarification. As Mr. Walker indicated in his email of July 8th, our client's commitment to bringing full municipal services to this area is premised upon obtaining development approval for the above- noted applications that is mutually satisfactory to the municipality (Town and Region) and our client. 1. Our client is prepared to incluc.e in its front-ending works a lowering and rebuild ofthe existing sanitary sewer under Baseline Road (from the Bowmanville Creek to Haines Avenue). Our client will, of course, pay its fair share of such works. To the extent that other lands benefit from such works, our client reasonably expects to be reimbursed from such benefiting lands when the se lands make use of the works. Where appropriate and permitted by the Development Charges Act, this reimbursement can be through a front- ending agreement. For that portion of the lowering/rebuild that cannot be properly p.l 'a~~AV~t1qe::~~T'l))t.~HJtqiQtl~Q~R,,2Jl Phone:{~16l ~868-210(JiFax:<~16} 868-8206 ....-0....-.. -.... included in a Development Chrrge By-law, our client would be prepared to work with the municipality to be reimbursed through some other legal means. Our client will always pay its fair share of such services but others should do likewise. 2. We do not have a defined geographic area for the area-specific Development Charge By- law. Engineers (with the assis1ance of others if needed) would have to calculate this area. The concept is that those who benefit from the works be included in the Development Charge By-law (save for existing residential uses as Mr. Walker had previously indicated). 3. By report dated May 6, 2005, ~;tantec Consulting Ltd. prepared a Functional Servicing and Storm water Management Report. That report located and analyzed a stOlID water management pond (and parkin:~ lot storage) to service the proposed development. The pond is located at the southern end of the site adjacent to Highway 401. This pond was proposed following discussion> with the municipality and CLOCA. Post development flows will be controlled to pre-development peak flows and will be directed to existing drainage outlets. Stantec was aware of the ongoing Bennett Creek watershed MDP and accounted for it in their report. To extent that the proposed on-site SWM pond is determined to be unacceptable and that a more centralized SWM pond is required, then our client will pay its fair shaH: of such centralized pond. The same front-ending arrangements can be made for this work as have committed to for the other works. 4. Please see our reply to item 3 ~.bove. The Development Charges Act does allow for the cost of acquisition of lands to he included in the Development Charge By-law. Our client is committed to paying its fair ;hare of all necessary works but reasonably expects others to do likewise (save for existing residential uses). 5. Our client understands that the municipality might not lift the "H" from the Zoning By- law until the required municipal services (to service the site) are in place. We expect that Site Plan Approval will al:.o be required. Our client is not opposed to working with the municipality to build the infrastructure in advance ofthe forgoing but it is simply not possi ble for our client to commit now to any firm date. Of course it is always open to other landowners in the area who wish to proceed sooner to take on some ohhe front- ending services and our client 'Nill of course pay its fair share for any benefit it receives from same. Our client is prepared to work with the municipality and other landowners to make this work for everyone. We trust that this answers all of your questions. Kindly advise when we can meet with you and Mr. Hefferon (in person or by telephone conference) to review the draft OPA and ZBA that we understand staff will be providing to Council on July 15th. p.2 , ' Ja~;:Ay~t)qet~~i'l'b~!lt(jiQ~~&~R..2Jl Pn(jne:(~1618tB-21()O~:Fax:<,16) s6&82()'6 " ~~IV~ ~.u~ ~~~~ _..-~-- -- ---- 7?- Ira T. Kagan ce. A YT Corporation Peter Walker S tantee R:"J.RA\AYT\Lellers\Cronr July 11, 200S.Doc p.3 ~$$:.A~1;tye1~~~"".'l~~~tq;,Qn$1i(t~R,.2Jl Ph()ne:{~16) :868-210{J~F'ax5(~lo} 86&8206 .., ..' ","""", ~ Attachment 19 To Report PSD-027-06 AIRD & BERLIS LLP Barristers and Solicitors Patent and Trade Mark Agents Steven A. Zakem Direct: 416.865.3440 E-mail: szakem@airdberlis.com June 13, 2005 HAND DELIVERED Our File #69159 Mr. David Crome Director of Planning Services The Municipality of Clarington 40 Temperance Street Bowmanville, ON L 1 C 3A6 Dear Mr. Crome: Re: Clarington Commercial Policy Review As you know, we act on behalf of Loblaw Properties Limited ("Lob laws") with respect to the above-noted matter and related applications being considered in the context of the Commercial Policy Review. We have had an opportunity to review the Clarington Commercial Policy Review Final Report dated May 30, 2005 and the attached Addendum Market Analysis dated May 9, 2005, and have the following comments and clarification to assist you in the final consideration of the various applications being considered on Monday, June 13, 2005. First, we wish to clarify that if the West Diamond Properties Inc. and Players Business Park Limited ("West Diamond") applications are approved, Loblaws will withdraw its application to expand its existing store in the Clarington Centre. These applications have been held in abeyance pending the consideration of the West Diamond applications and have not been appealed to the Ontario Municipal Board. Second, the re-tenanting of the existing Loblaws supermarket space will only occur after the opening of the new store on the West Diamond property. As such, any market analysis considering the impact of the re-tenanting of the Loblaws Clarington Centre space should assume a first full year of operation in the year following that of the Loblaws store. For example, it is currently anticipated that the Loblaws store will have its first full year of operation in 2008. As such, the first full year of operation of the re-tenanted Clarington Centre space should be assumed to be 2009. Finally, we note that Mr. Annand assumes that the entire 50,400 fF of the existing Loblaws store (which includes the mezzanine) would be utilized as DSTM space. This is an extremely conservative assumption and does not reflect the likely re-tenanting of this BCE Place. Suite 1800, Box 754, 181 Bay Street. Toronto. Ontario. Canada M5J 2T9 T: 416.863.1500 F: 416.863.1515 www.airdberlis.com Affiliated with Owen. Bird I Vancouver June 13, 2005 Page 2 space. Instead, one could expect a mixture of commercial space including non- department store DSTM space, personal service space and service commercial space consistent with the usual mix of space found in most shopping centres. This is consistent with the existing Zoning By-law provision which permits a broad range of retail and service uses on the Clarington Centre site. Furthermore, the mezzanine space is not conducive for use as retail commercial space. Yours very truly, AIRD & BERLlS LLP ~J\J"-.-.- Steven A.~m SAZlmn ::ODMA\PCDOCS\DOCS\ 1898719\ 1 i(~ (:y AIRD & BERLlS LLP 8arriPIn .nd Solldtun P.tent and Tnde Mark Apnu