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HomeMy WebLinkAbout2018-059If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2018-059 Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2016-0008; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 2, 3, 16 and 26 of By-law 84-63 are amended as set out in of this By-law. 2. The following definition is added: Mixed -Use Building Shall mean a building containing apartment dwellings and at least one non- residential use. 3. The following General Provisions are added: 3.11 b Home Occupation (Multi -Residential) a. Permitted Uses i) adult home care; ii) business, professional or administrative office; iii) caterer; iv) children's home care; v) home craft business; vi) instructional services; and vii) personal service shop. b. Regulations The following regulations apply to dwelling units wherein a home occupation is permitted: i) There shall be no display, other than a sign erected in conformity with the By-laws of the Municipality. ii) Not more than twenty-five (25) percent of the total floor area of the dwelling unit shall be used for the purposes of the home occupation use. iii) No additional parking shall be required. iv) There shall be no outside storage of goods or materials associated with a home occupational use. v) Instructional services may accommodate a maximum of one student at a time. 4. Sections 26.4, 26.5 and 26.6 are deleted and replaced with: 26.4 Certain Words In this By-law words used in the present tense include future; words in the singular number include the plural; words in the plural include the singular number; and the word "used" includes "arranged, designed, or intended to be used"; the word "shall" is mandatory and not directory. 26.5 Zone Suffixes Zone symbols on the schedules may be followed by one or more letters and numbers enclosed in brackets as follows: a. The suffix "T" indicates the maximum number of units permitted within the boundary of the zone limits. The maximum total numbers of units permitted is indicated by the letter "T" followed by a number. For example, "R1 (T: 65)" indicates that a maximum of 65 units may be developed. b. The suffix "S" indicates the minimum and maximum number of stories permitted for buildings constructed within the boundary of the zone limits. For example, the category MU1(S:2/4) indicates a minimum of 2 stories and a maximum of 4 stories. Where one number is indicated, both the minimum and maximum are the same. For example, the category MU1(SA) indicates that both the minimum and the maximum number of stories permitted is 4. 26.6 Compund Zones Notwithstanding any other zone provision of this By-law, where two or more zone symbols are shown on a map to this by-law divided by an oblique line "/", the total of the lands within that lot may be used for any use permitted in either one of the zones included in the compound zone symbol subject to the regulations applicable to said zone. Where two or more zones in a compound zone permit the same use and the regulations contained in each zone for that use are different, the least restrictive regulation shall apply. 5. Section 16A — MIXED -USE (MU) ZONE, is deleted and replaced with the following: This By-law establishes the following zones and places all lands subject to this By-law in one or more of the following zones: -.. .. Commercial Mixed -Use MU1 Residential Mixed -Use MU2 Urban Centre Mixed -Use MU3 16A Mixed Use (MU) Zone 16A.1 Zones • Commercial Mixed Use (MU1) • Residential Mixed Use (MU2) • Urban Centre Mixed Use (MU3) 16A.2 Permitted Uses Uses permitted in the Mixed Use Zones are denoted by the symbol "✓" in the column applicable to that zone and the corresponding row for a specific permitted use in the Permitted Uses table. TABLE.A .2: PERMITTED IL RESIDENTIAL USES Apartment Building USES IN THE mul MIXED -USE ZONE MU2 ✓ ✓ Mixed -Use Building ✓ ✓ ✓ 1 Stacked Townhouse Dwelling ✓ ✓ ✓ Home Occupation (Multi -Residential) ✓ ✓ ✓ Long Term Care Facility ✓ ✓ ✓ Retirement Home ✓ ✓ ✓ Existing Single Detached Dwelling ✓ 2 ✓ 2 ✓ 2 RETAIL USES Artisan Studio ✓ 3 ✓ 3 ✓ Convenience Store ✓ 3 ✓ 3 ✓ Retail Commercial Establishment ✓ 3 ✓ 3 ✓ Supermarket ✓ PERSONAL AND PROFESSIONAL Business, Administrative or Professional Office ✓ 3 ✓ 3 ✓ Eating Establishment ✓ 3 ✓ 3 ✓ Eating Establishment, Take-out ✓ 3 ✓ 3 ✓ Financial Office ✓ 3 ✓ 3 ✓ Fitness Centre ✓ 3 ✓ 3 ✓ Day Nursery ,/ 3 ✓ 3 ✓ Dry Cleaning Distribution Centre ✓ 3 ✓ 3 ✓ Hotel ,/ 3 ✓ 3 ✓ Laundry ,/ 3 ✓ 3 ✓ Medical or Dental Clinic ✓ 3 ✓ 3 ✓ Printing or Publishing Establishment ✓ 3 ✓ 3 ✓ School, Commercial ✓ 3 ✓ 3 ✓ Service Shop, Personal ✓ 3 ✓ 3 ✓ Service Shop, Light ✓ 3 ✓ 3 ✓ Veterinarian Clinic ✓ 3 ✓ 3 ✓ GATHERING PLACES AND COMMUNITY Place of Entertainment ✓ 3 USES ✓ 3 ✓ Place of Worship ✓ 3 ✓ 3 ✓ Private Club ✓ 3 ✓ 3 ✓ 16A.3 Additional Regulations for Permitted Uses Non-residential units must be located on the first floor (ground floor) and within the business establishment street fagade when located within a mixed -use building. Non-residential units may also be permitted elsewhere in a mixed -use building provided that the ground floor is fully occupied with non-residential uses. 2. Existing single detached dwellings shall be subject to the regulations contained in Section 12.2. 3. Non-residential uses are only permitted within a mixed -use building in the MU1 and MU2 zones. 4. Building which existed on the date of the passing of this By-law may only be converted to a new or additional use if they conform to all regulations of the respective MU zone 16A.4 Regulations The regulations for lots in the Mixed Use Zones are set out in the Regulations table. TABLE,. •ZONE Minimum Lot Area (Ha) 0.25 0.25 0.25 Minimum Lot Frontage (metres) 50 50 50 Minimum (metres) 2.0 2.0 2.0 Front Maximum (metres) for Yard the minimum building 5.0 5.0 5.0 height Exterior Minimum (metres) 2.0 2.0 2.0 Side Yard (for Maximum (metres) 5.0 5.0 5.0 corner lots Minimum (metres) 1.5 1.5 1.5 Interior Side Minimum abutting an Yard Urban Residential 5.0 5.0 5.0 Zone (metres) Minimum (metres) 1.5 1.5 1.5 Rear Minimum abutting an Yard Urban Residential 10.0 10.0 10.0 Zone (metres) kexciiairr, accessory buildings Number As shown on As shown on As shown on the of storeys Minimum the Zoning the Zoning Zoning Map (subject Map Map Schedule to Schedule Schedule Section 26.5 - As shown on As shown on As shown on the Zone Maximum the Zoning the Zoning Zoning Map Suffixes) Map Schedule Map Schedule Schedule Minimum gross floor area Above the first floor, each storey shall contain a gross floor area equal to or greater than 50% of the gross floor area of the floor immediately beneath it. Minimum Along Durham 70% 70% 70% length of Highway 2 the street fagade Along any other 30% 30% 30% public or private street Buildings six storeys or taller shall setback all floors above the fourth 3.0 3.0 3.0 storey that face a public street (metres) Amount of transparent glazing within the business establishment 50% 50% 50% street fagade Within a street fagade; or Residential Entrance Along the side of the building but no more than Location half the width of the building from a street fagade. of Entrance At least one public entrance for each business Non -Residential located on the first floor shall be located within a Entrance street fagade. Maximum size of non-residential 600 600 No limit units (square metres) Maximum amount of non- residential floor space per 3,000 3,000 No limit property (square metres) Landscape Requirements Landscaped Open Space 15% 15% 15% minimum Minimum planting strip abutting an Urban Residential zone 3.0 3.0 3.0 (metres) Minimum number of loading spaces 1 1 1 4 metres x 9 metres Minimum distance between a parking space and a building 2.5 2.5 2.5 where a walkway is located beside the building (metres) Minimum number of parking spaces based on the gross floor area of bank, professional office, 1 for every 1 for every 1 for every retail commercial establishments 40 mz 40 m2 40 mz and personal service shop Minimum number of parking spaces per apartment dwelling 1.0 1.0 1.0 unit (including visitor parking spaces 16A.5 Additional Regulations in the Mixed -Use Zone a. Notwithstanding Section 3.7a. no new uses may be established on a lot that contains less than the minimum required lot area and frontage. b. The front yard and exterior side yard setbacks only apply to the buildings, or portion of buildings, which are being counted towards compliance with the minimum length of the street fagade. C. The parking requirements of any MU zone may be accommodated on lands zoned MU within 150 metres of the subject property. 16A.6 Holding Symbol The holding symbol will be removed once the Municipality is satisfied with the following items: a. Access i) Conformity with the respective road authority's entrance requirements; ii) Accommodating access between adjoining properties; iii) The entrance location will not inhibit redevelopment on other lots in the same block; and b. Environmental Protection i) For properties located on the north side of Durham Highway 2, an Environmental Impact Study must be completed in accordance with the Clarington Official Plan and the recommendations incorporated into the approved Site Plan. C. Servicing i) The uses to be permitted will be serviced by Municipal water and sanitary sewers. 16A.7 Site Specific Exceptions Section 16A.7.1 Commercial Mixed -Use Exception "MU 1-1 " Zone Notwithstanding the respective provisions of Section 16A, those lands zoned "MU1-1 (SA)" on the Schedules to this By-law shall, in addition to all other uses and regulations of the MU zone, be subject to the following requirements: a. Permitted Uses i) A business, professional or administrative offices may be located within the building which existed on the date of the passing of this By-law; and ii) A medical or dental clinic may be located within the building which existed on the date of the passing of this By-law. b. Regulations i) All permitted uses listed in 16A.7.1 a., must be located within a building which existing on the date of the passing of this By-law. ii) Where the zone symbol shown on a Schedule to this By-law is preceded by the letter (H), the use of the lands shall be limited to the existing single detached dwelling. The (H) Holding Symbol may be removed upon Council being satisfied that the property has received Site Plan approval by June 30, 2019. Section 16A.7.2 Commercial Mixed -Use Exception "MU1-2" Zone Notwithstanding the respective provisions of Section 16A, those lands zoned "MU1-2 (SA)" on the Schedules to this By-law shall, in addition to all other uses and regulations of the MU zone, be subject to the following requirements: a. Permitted Residential Uses i) Dwelling units existing at the date of the passing of this by-law. b. Permitted Non -Residential Uses i) Business, professional or administrative offices; ii) Commercial school; iii) Convenience store; iv) Day nursery; v) Dry Cleaning Distribution Centre; vi) Eating Establishment; vii) Eating Establishment, Take-out; viii) Financial Office; ix) Hotel; x) Laundry; A) Medical or Dental Clinic; xii) Motel; xiii) Personal Service Shop; xiv) Place of Entertainment; xv) Place of Worship; xvi) Private Club; xvii) Retail/Commercial Establishment; xviii) Tavern; xix) Veterinarian Clinic; and xx) Stationary Refreshment Vehicle provided the property was identified in a Stationary Refreshment Vehicle license issued by the Municipality prior to September 21, 2015 and the property has continuously been identified in an annual stationary Refreshment Vehicle license issued by the Municipality since that date. C. Regulations i) All permitted uses listed in 16A.7.2 a. and 16A.7.2 b., with the exception of a Stationary Refreshment Vehicle, must be located within one of the two buildings which existing on the date of the passing of this By-law. Section 16A.7.3 Urban Centre Mixed Use Exception "MU3-1" Notwithstanding the respective provisions of Table 16A.4 those lands zoned MU3- 1 (SA/6), on the Schedules to this By-law, shall be subject to the following: a. Regulations i) Minimum length of the street facade along Durham Highway 2 40% ii) Location of Residential Entrance No requirement Section 16A.7.4 Urban Centre Mixed Use Exception "MU3-2" Notwithstanding the respective provisions of Table 16A.4 those lands zoned MU3-2 on the Schedules to this By-law, shall be subject to the following: a. Regulations i) Minimum length of the street facade along Durham Highway 2 60% ii) The minimum required for transparent glazing within the business establishment street facade shall only be applicable to buildings within the front yard setback of Durham Highway 2. iii) The locational requirements of non-residential entrances shall only be applicable to buildings located within the front yard setback of Durham Highway 2. Non-residential entrances may also be located along the side of the building but no more than half the width of the building from a street facade. 7 9 Section 15A Major Institutional (P1) Zone is hereby amended by adding, the following new Special Exception zone 15A.3 as follows: 15A.3 Special Exceptions — Major Institutional (P1) Zone 15A.3.1 Major Institutional Exception (P1-1) Zone Notwithstanding Section 15A.1 those lands zoned P1-1 as shown on the Schedules to this By-law shall be subject to the following uses and regulations: a. Permitted Uses i) Library b. Regulations i) Lot Area (minimum) ii) Lot Frontage (minimum) iii) Yard Requirements (minimum) a). Front Yard (minimum) (maximum) b). Exterior Side Yard (minimum) (maximum) c). Interior Side Yard d) Rear Yard 0.25 Ha 50 metres 2 metres 5 metres 2 metres 5 metres 1.5 metres 1.5 metres Schedule `4' to By-law 84-63, as amended, is hereby further amended by changing the zone designation as indicated on the attached Schedule "A". Schedule `A' attached hereto shall form part of this By-law. The following Sections shall be deleted in their entirety: 16.5.35 GENERAL COMMERCIAL EXCEPTION (C1-35) ZONE 17.5.3 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-3) ZONE 10. 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. Passed in Open Council this 11th day of June, 2018. 14 Adrian Foster, Mayor Andrew All son, Chief Administrative Officer This is Schedule "A" to By-law 2018-059 , passed this 11th day of June 1 2018 A.D. 0 LA_W w Q O C 0 NAS H ROAD LE __j_1 NAS H ROAD w NAS H ROAD LL- � z NASH ROAD W U 1 N w TRAIL l o Q w w �0 w w � � U LL. Gj U W Z -�� J CIO / 0 ry LL J ~� w U *D DURH DURHAM HIGHWAY 2 GHWAY 2 DURHAM HIGHWAY w z w w U _ t ^ / CiQ W_ Q w Vw' �p KING Q ? o -__ RygAl _ (� hriGy� --�. = o z z A z �. z Q O 1R Pv�N Of STIRLING AVENUE o 0 1 0 P��` o o z o z Q z C? ' Q 0 W \,.nib^"✓ y'3..i; ); AS 0 OST P� STRATHALLAN DRIVE ST RAT HALLEN IV > � v 0 O U w C w STEPHEN AVENUE W O L ACME AV z o _j � 2 U = ENUE Q F- w w > U = Z z 0 tv _j (D m O I w J p z O QU) V i U' o z O gNDR1 cu z �' NGNAM DR NP�P HA °- SANDRINGHAM DRIVE w 0 -- O O U - 3 STUART ROA UL � z w STAGEMASTER CRESCENT U HO<LANp Q w NDRINGHAM DR SANDRINGHAMDR z Zoning Change From '(H)R1' To '(H)MU2(S:4)' Zoning Change From 'C1' To '(H)MU3-2(S:1/6)' Zoning Change From 'C2-3' To '(H)MU1(S:4)' 0 Zoning Change From 'R1' To '(H)MU1(S:4)' Zoning Change From 'R1' To '(H)MU3-1(S:4/6)' Zoning Change From 'C1' To 'EP' Zoning Change From (H)R1 To (H)MU2(S:4/6) U Zoning Change From 'C1' To'(H)MU3-2(S:2/6)' 0 Zoning Change From 'C5-1' To'(H)MU2(S:4/6)/C5-1' Zoning Change From R1 To (H)MU1-1(S:4) Zoning Change From R1-51 To (H)MU2(S:4/6)/R1-51 Zoning Change From R1 To EP Zoning Change From '(H)R1' To '(H)MU3(S:4/6)' Zoning Change From 'C1' To '(H)MU3(S:4/6)' 0 Zoning Change From 'C5-5' To '(H)MU2(S:4/6)/C5-5' Zoning Change From 'R1' To '(H)MU2(S:4)' �Zoning Change From 'R2' To '(H)MU2(S:4/6)' Zoning Change From 'R4' To 'EP' Zoning Change From'(H)R1'To'R3' Zoning Change From 'Cl -35'To'(H)MU1-2(S:2/4)' Zoning Change From 'EP'To'(H)MU1-1(S:4)' Zoning Change From'R1'To'(H)MU2(S:4/6)' Zoning Change From '(H)R1'To'(H)R1/P1-1' Zoning To Remain'EP' Zoning Change From ' H R2-50' To' H MU2 S:4 ' zoning Change From 'Cl61' To'C1-61/P1-1' _ Zoning Change From 'EP' To '(H)MU2(S:4)' E---- Zoning Change From 'C1' To '(H)MU3(S:6/12)' `� zoning To Remain EP-2 9 g ( ) ( ) ( ) 0 9 g Zoning Change From 'R1' To '(H)MU3(S:4/6)' �_ _ ; 9 ' Zoning Change From '(H)R -X o'( U2(S:4)' r---- 1 Zoning Change From 'C2' To '(H)MU3(S:4/6)' 0 Zoning Change From 'EP' To '(H)MU3(S:4/6)' y e Adrian Foster, Mayor Courfice ZbA 201 b-UU08 Schedule 4 Andrew Allison, Chief Administrati"ve'Off icer 1