HomeMy WebLinkAbout96-59 . n
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 96-59
being a By-Law to repeal By-Law 96-47 and to amend By-
Law 84-63, the Comprehensive By-Law for the former Town
of Newcastle.
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 former Town
of Newcastle in accordance with application DEV 95-064 to permit two eating
establishments totalling 929 m2 and a 3,085 m2 theatre containing a video arcade.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16.5.15"General Commercial Exception (C1-15) Zone"is hereby amended
as follows:
i) The first sentence is amended by adding the section number "3.14" after
the words "Notwithstanding Sections".
ii) Subsection 16.5.15 a) i) is amended by replacing the words "or a financial
office" with the words ", a financial office or a place of entertainment".
ill) A new subsection 16.5.15 a) x) is added as follows:
"x) Landscaping Strip
Shall mean an area of land used for any one or more of the planting
of trees, shrubs, flowers, grass or other horticultural elements, such
as decorative stonework, fencing or screening."
iv) Subsection 16.5.15 c) is amended by changing the numeral "3,241" to
"2,787".
v) A new subsection 16.5.15 d) ix) is added as follows:
"ix) parking space size - 5.2 metres in length by 2.75
metres in width provided that
such space is perpendicular to a
landscaping strip."
2. Section 16.5.16 "Special Exceptions - General Commercial (C) Zone" is hereby
amended by deleting the relevant provisions contained in By-Law 94-16 and
replacing them with the following provisions:
1116.5.16 GENERAL COMMERCIAL EXCEPTION (C1-16) ZONE:
Notwithstanding Sections 13.11, 13.14, 16.1 and 16.3, those lands zoned (C1-16)
shown on the map contained in Schedule "A" to this By-Law shall only be used
and any buildings or structures thereon shall only be constructed and used in
accordance with the following zone definitions and regulations:
a) Definitions
i) The applicable definitions of the C1-15 Zone contained in Section
16.5.15 shall apply to the C1-16 Zone.
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ii) Easterly streetline of proposed Clarington Boulevard
Shall mean the line separating Part 11 from Part 8 on a plan survey
of record deposited in the Land Registry Office for the Land Titles
Division of Durham (No. 40) as Reference Plan 40R-16730.
b) Permitted Residential Uses
No residential dwelling units are permitted to be constructed or used.
c) Permitted Non-Residential Uses
A maximum of 3,085 square metres of leasable total floor area may be
constructed or used for the purposes of a theatre and video arcade,
provided that the video arcade does not exceed 55 square metres.
A maximum of 929 square meters of leasable total floor area may be
constructed or used for the purposes of two eating establishments.
d) Regulations
i) location of any,building
from northerly limit
of Highway No. 2 - a minimum of 3 metres
ii) location of the theatre from
northerly limit of the lands
zoned CI-16 as shown on the
aforesaid Schedule "A" - a maximum of 2 metres
iii) location of any building from
easterly limit of the lands
zoned C1-16 as shown on the
aforesaid Schedule "A" - a minimum of 8 metres
iv) landscaped open space - a minimum of 18 percent of the
lot area
v) the westerly business establishment facade of a theatre within
the C1-16 Zone shall be constructed at 2 metres from the
easterly streetline of proposed Clarington Boulevard,
provided that no more than 40% of the length of such facade
may be constructed up to 6 metres easterly of the easterly
streetline of proposed Clarington Boulevard.
vi) the westerly business establishment facade of one eating
establishment within the C1-16 Zone shall be constructed at a
maximum of 4 meters easterly from the easterly streetline of
proposed Clarington Boulevard.
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vii) any business establishment adjacent to the easterly streetline of the
proposed Clarington Boulevard shall construct a street-related
entrance facing proposed Clarington Boulevard or a sight triangle
at an intersecting street with proposed Clarington Boulevard.
viii) a minimum of 10% of the business establishment facade for a
theatre shall be constructed of transparent glass.
ix) a minimum of 25% of the business establishment facade for an
eating establishment shall be constructed of transparent glass.
x) number of loading spaces
required for a theatre - nil
A) number of loading spaces
required for an
eating establishment - 1
xii) number of on-site
parking spaces - 162"
3. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by
changing the zone designation from:
i
"Agricultural (A) Zone"to "General Commercial Exception (C1-16) Zone"as shown
on the attached Schedule "A" hereto.
4. Schedule "A" attached hereto shall form part of this By-Law.
5. By-Law 96-47 is repealed.
6. 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.
By-Law read a first time this 25TH day of MARCH 1996.
By-Law read a second time this 25TH day of MARCH 1996.
By-Law read a third time and finally passed this 25TH day of MARCH 1996.
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