HomeMy WebLinkAboutPSD-077-08
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REPORT
PLANNING SERVICES
Subject:
GENERAL PURPOSE AND ADMINISTRATIO~COMMIT,TE~ .
Monday, July 7, 2008 Ke~()\u.\.;o(\~~PA -qJd- - O~
PSD-077-08 File #: COPA 2005-0010 and By-law #: tl.oo~ -/""3'::<
ZBA 2005-0058 ?,O O~- / '03
BOO~ - \3 LL
APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND r
ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC.
TO PERMIT A WIDER RANGE OF COMMERCIAL USES
Meeting:
Date:
Report #:
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following: .
1. THAT Report PSD-077-08 be received;
2. THAT Official Plan Amendment No. 54 to the Clarington Official Plan to provide a
wider range of commercial uses on the lands owned by Bowmanville Creek
Developments Inc. be APPROVED as indicated in Attachment 3 and that the
necessary by-law be PASSED;
3. THAT the application to amend the Municipality of Clarington Zoning By-law 84-
63, as amended, be APPROVED and that the by-law as contained in Attachment
4 be PASSED;
4. That an exception to the Municipality's policy and practice be granted to provide
for a private open space area with the valleylands provided that a hotel greater
than 100 rooms is constructed on site within six years of the zoning approval;
5. That prior to adopting the proposed amendments, arrangements are made to the
satisfaction of the Municipality's solicitor for the transfer of the private open space
to the Municipality after six years if a hotel is not constructed;
6. THAT a copy of Report PSD-077-08 and Council's decision be forwarded to the
Regional Municipality of Durham Planning Department; and
7. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
REPORT NO.: PSD-077-08
PAGE 2
Submitted by:
RH/COS/df/sn
July 02, 2008
dt...eQ" ~
Reviewed by: -
Da I . Crome, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-077-08
PAGE 3
1.0 APPLICATION DETAILS
1.1 Applicant: Bowmanville Creek Developments Inc.
1.2 Agent: D.G. Biddle and Associates Limited
1.3 Official Plan Amendment:
The amendment proposes, in addition to existing permitted special
purpose commercial uses, retail commercial uses on the following
basis:
. 3,716 m2 (40,000 fe) of gross floor area with a minimum of
gross floor area of 929 m2 (10,000 ft2) per unit for a maximum
of 4 units;
. 1,858 m2 (20,000 ft2) of gross floor area with a minimum
gross floor area of 465 m2 (5,000 ft2) per unit for a maximum
of 4 units;
. 1,393 m2 (15,000 ft2) of gross floor area with a minimum
gross floor area of 232 m2 (2,500 ft2) per unit for a maximum
of 6 units; and
. one financial institution in the form of a credit union.
The amendment also proposes:
. to redefine the limits of the environmental protection area;
and
. provide some private open space amenity area.
1.4 Rezoning: Appropriate to implement the proposed Official Plan Amendment.
1.5 Site Area: 7.3 hectares (18.0 acres)
2.0 LOCATION
2.1 The subject lands are located at the southeast comer of Waverly Road and
Baseline Road in Bowmanville (see Attachment 1). The proposed development
area totals 7.3 hectares (18.0 acres). The property is located within Part Lots 12
and 13, Broken Front Concession, in the former Town of Bowmanville.
3.0 BACKGROUND
3.1 On November 22, 2005, staff received official plan amendment and rezoning
applications from Bowmanville Creek Developments Inc. to permit general retail
uses in excess of 929 m2 (10,000 ft2) and one financial institution in addition to
permitted highway commercial uses. The proposal encompassed a portion of
the Shell Canada lands that were to be purchased by the applicant as well as the
applicant's lands west of the Spry Avenue right-of-way south of Baseline Road
with the exception of the lands that were severed for the RONA Home
Improvement Centre (See Attachment 1).
REPORT NO.: PSD-077-08
PAGE 4
3.2 A statutory Public Meeting was held on May 8, 2006 for the application. No
member of the public spoke either in support of or in opposition to the
application.
3.3 Halloway Holdings Limited and Metrus Developments Inc. were approved for
new commercial development in the Bowmanville West Town Centre. After the
Public Meeting, both developers sought clarification that the proposal would not
adversely affect their proposals. A review of this matter by our retail market
consultant concluded that the proposal would have no negative impacts provided
the amount of proposed retail floors pace would not be increased beyond the
6,050 m2 (65,000 ft2) that was contemplated for this site through the Commercial
Policy Review. Since the proposal merely seeks more flexibility rather than an
increase in retail commercial floors pace, both developers were satisfied that their
interests would not be adversely affected. Both developers have been notified of
this revised application.
3.4 On April 1, 2008, staff received revised official plan amendment and rezoning
applications from Bowmanville Creek Developments Inc. to permit a greater
variety of retail commercial store sizes and a financial institution in addition to
permitted highway commercial uses. While the previous application
contemplated a minimum floor space size of 10,000 ft2, the revised application
floor space with the 10,000 ft2, 5,000 ft2, and 2,500 ft2 ranges to permit greater
leasing flexibility. Again, the applicant would be permitted the greater flexibility up
to the 65,000 ff retail commercial floorspace limit.
The revised application also incorporates the proposed redefinition of the
floodplain in accordance with an approved environmental impact study prepared
for the subject lands, which was previously proposed through application ZBA
2003-037.
Finally, the revised application proposes private open space amenity space
associated with the hotel and fitness centre in the valleyland. The proposal now
encompasses a portion of the Shell Canada lands that are to be purchased by
the applicant as well as the applicant's remaining lands with the exception of the
lands that were severed for the RONA Home Improvement Centre (see
Attachment 1).
3.5 A statutory Public Meeting was held on June 2, 2008 for the application.
Although no member of the public spoke either in support of or in opposition to
the application, a concern was raised on behalf of the Bowmanville Business
Improvement Area (BBIA) that the additional f100rspace would have negative
impacts on the Downtown.
The BBIA provided the following objections on the application.
. The population growth for the additional 10,000 ft2 proposed by the applicant
has yet to be realized.
. The 1985 Ontario Municipal Board decision on the subject lands for the
proposed Pythbow Development Limited application remains relevant today.
REPORT NO.: PSD-077-08
PAGE 5
. The permanent layoffs at General Motors coupled with high fuel prices will
make home purchases in Clarington less attractive, resulting in lower retail
demand.
These issues will be addressed in Section 9.4 of this report.
3.6 A site plan application (SPA 2003-036) has also been submitted for
consideration. Potential tenants would occupy the larger buildings shown on the
site plan (See Attachment 1).
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The property is currently vacant and has a gradual slope towards the
Bowmanville Creek and Highway 401. Site servicing work was undertaken to
service the RONA home improvement store property.
4.2 Surrounding Uses:
East:
North:
West
South:
Open space lands associated with the Bowmanville Creek
Urban residential, RONA, and open space lands
Shell gas station and Bowmanville Auto Mall
Highway 401
5.0 PROVINCIAL POLICY
5.1 Provincial Policv Statement
The proposed development application proposes to provide an increase in the
range of large format retail uses and floor space flexibility for the site. The
existing highway commercial designation permits commercial uses that serve
area residents and the traveling public. Provincial Policy states that there shall
be an appropriate mix and range of serviced commercial lands available to meet
the long-term needs of the community.
The Provincial Policy Statement supports long-term economic prosperity by
maintaining, or where possible, enhancing the viability of downtowns and main
streets. Planning decisions on commercial matters must consider possible
impacts of proposals on downtown areas to ensure that the size, amount, and
range of uses do not negatively affect downtowns.
5.2 Provincial Growth Plan
The Provincial Growth Plan for the Greater Golden Horseshoe directs new
development to existing serviced urban centres and encourages a compatible
mixture of land uses within the urban centres. Compact urban growth is
encouraged in urban centres and along transportation corridors. The provision of
additional retail choices for existing and future residents supports the goals of the
Provincial Growth Plan.
REPORT NO.: PSD-077-08
PAGE 6
6.0 OFFICIAL PLANS
6.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the subject lands "Living Area".
Special purpose commercial uses are permitted in this designation provided that
they are designated appropriately in the local Official Plan and zoned on the local
Zoning By-law. The proposal conforms to the Durham Regional Official Plan.
6.2 Clarinaton Official Plan
The Clarington Official Plan designates the subject lands "Highway Commercial
Area". Lands within this designation shall serve the specialized needs of
residents on an occasional basis with services and facilities, which consume
large parcels of land, require exposure to traffic and may require outdoor storage
and display of goods. Permitted uses include automotive sales and service,
home improvement centres, large-format home furnishing stores and similar
stores, garden centres and nurseries, restaurants, hotels and similar uses.
The amendment proposes to increase the range of retail floor sizes on the site
and add a financial institution.
7.0 ZONING BY-LAW CONFORMITY
7.1 The portions of the property under consideration are zoned "Holding - Special
Purpose Commercial ((H)C5) Zone", "Special Purpose Commercial (C5) Zone",
"Environmental Protection (EP) Zone", and "Environmental Protection Exception
(EP-2) Zone", which do not permit the proposed uses. In order to permit the
proposed development, a rezoning application was submitted for consideration.
8.0 AGENCY COMMENTS
8.1 The Clarington Engineering Services and Clarington Emergency Services
Departments have no objections to the applications. Their development issues
related to road improvements on Baseline Road, entrance construction, site
servicing, stormwater management, grading, fire routes, and Ontario Building
Code compliance will be addressed through site plan approval.
8.2 The Durham Regional Planning Department advised that the proposal may be
permitted on the subject lands provided that the policies of the Clarington Official
Plan permit the additional range of uses. The proposed private open space
amenity area is permitted provided that it does not impact the key natural
heritage or hydrological features. This application has been exempted from
Regional approval.
REPORT NO.: PSD-077-08
PAGE 7
8.3 The Durham Regional Public Works Department has no objections to approval of
these applications. The site is serviced by municipal sanitary sewer and water
supply services from Baseline Road. Access to the development from Waverly
Road will be permitted only in the form of a right-in access.
8.4 CLOCA has no objections to the proposal provided that the following issues are
addressed.
. The limits of the environmental protection zoning can be adjusted to reflect
the revised limits of the Regional Storm of the Bowmanville Creek. This limit
will be determined through the cut and fill operation, which has not been
completed to date. Until a survey of the final grading configuration is provided,
CLOCA requests that a Holding "H" symbol be placed on the lands.
· Additional information on area grading as well as the trails and the fitness
stations was sent to CLOCA for review. Confirmation that no additional fill will
be placed in the area was also provided by the applicant. Although CLOCA
would prefer that the property be zoned "EP" and dedicated to the
Municipality, they are satisfied that the proposed private open space amenity
area will not have any detrimental impacts on the natural function of the
valleyland.
8.5 The Ministry of Transportation similarly offers no objections to these applications.
The Ministry's development issues related to stormwater management,
development setbacks, entrance location, illumination, and signage will be
addressed through site plan approval.
9.0 COMMENTS
9.1 Purpose of the Application
9.1.1 Highway Commercial Areas generally consist of larger parcels designed to
accommodate larger format types of commercial uses, which typically included
home improvement stores, motor vehicles sales and service centres, garden
centres, hotels, restaurants, and service stations. Through the Commercial
Policy Review, the range of permitted land uses for Highway Commercial Areas
was broadened to include large-format home furnishing stores and other similar
large format retailers.
9.2 BroadeninQ of Retail Formats and Uses
9.2.1 Commercial Policy Review
The subject lands were examined as part of the Commercial Policy Review by
urban Metrics Inc., the Municipality's retail market consultant. In evaluating retail
development potential for various commercial sites outside of the Bowmanville
West Town Centre, a total of 6,050 m2 (65,000 tf) was assigned to the subject
lands for retail purposes. This proposal would essentially divide this allocation
into different unit sizes and retail use categories.
REPORT NO.: PSD-077-08
PAGE 8
9.2.2 Medium-Format Retail and Uses
The applicants are seeking a broader range of general retail uses that would
permit medium-sized format tenants in home furnishings, home electronics,
sporting goods, apparel and similar lines of merchandise. Only three buildings
could accommodate the proposed four medium-format retail stores within the
development.
Staff can support a medium retail format with a minimum of 929 m2 (10,000 fe)
and a maximum of 2,500 m2 (26,900 tel for the following reasons.
. Given the existing property fabric, there is very little opportunity for a 929
m2 (10,000 fe) store to locate in downtown Bowmanville.
. This offers retail tenants some location choices in the Bowmanville
marketplace other than the Bowmanville West Town Centre.
. Permitting medium-format retail uses on the subject lands is appropriate
from an urban form perspective. Many of the permitted highway
commercial uses, including the proposed RONA, are larger format uses by
nature. Broadening the range of medium format uses in this location is
appropriate.
9.2.3 Smaller Retail Format and Uses
The applicants are also seeking a broader range of general retail uses that would
permit up to 6 smaller retail tenants in home accessories, electronics, and
apparel as follows:
. Up to 20,000 fe of space for stores between 5,000 ft2 and 10,000 te.
. Up to 15,000 ft20f space for stores between 2,000 ft2 and 5,000 ft2.
Staff can support a smaller retail format for the following reasons:
. Successful commercial developments typically contain on a variety of floor
space sizes to attract a diversified group of retailers. While larger retails
act as the anchors to draw customers, smaller retailers will cluster in the
area, relying on the drawing power of larger chains.
. A maximum of 5 units are possible for the smallest floor plate. This is onl~
15,000 ft. 2 out of the total project of over 200,000 te, of which 144,000 tr'
is estimated to be retail uses (inclusive of RONA).
. A review of the retail inventory for Downtown Bowmanville indicates that
there are very few existing stores with a floor area over 2,500 te and even
fewer over 5,000 te in size. It is staff's view that with the restrictions on
smaller units in the Bowmanville West Town Centre, the limited number of
smaller retail units in this project should not have a negative impact on the
downtown.
. Staff have had several inquiries from potential smaller tenants on the
subject lands, that will not locate in a downtown environment.
9.3 Financial Institutions
9.3.1 Although the revised Highway Commercial Area policies specifically do not
permit banks, the applicant applied to permit credit union with a drive-through
REPORT NO.: PSD-077-08
PAGE 9
facility on the subject lands. The Commercial Policy Review identified financial
institutions as a key anchor for downtown areas and as such has limited the
number of banks in the Bowmanville West Town Centre to two.
9.3.2 Staff have reviewed this matter and are prepared to support a credit union on the
subject lands for the following reasons.
. The policy direction in the Commercial Policy Review towards retaining
banks in downtown Bowmanville was designed to maintain a vibrant range
of existing uses in the downtown area. While financial institutions provide
an important anchor function for downtowns the proposal would not attract
an existing bank out of the downtown.
. The Commercial Policy Review limits new financial institutions to two in
the Bowmanville West Town Centre. There are few other opportunities in
this area for the credit union to locate.
. Drive-through facilities are appropriate in Highway Commercial Areas
since there are no compatibility issues with adjacent land uses. The site
also offers sufficient space for a drive-through facility.
Staff would place a provision in the enabling Zoning By-law that would only
permit a credit union on the subject lands that is not currently represented in
Bowmanville at this time.
9.4 Addressina the Bowmanville BIA Concerns
9.4.1 The Bowmanville BIA feels that population growth for the additional floor space
as proposed by the applicant has not been realized. As a clarification, the
applicant is not requesting additional floor space beyond the 6,050 m2 (65,000
ft') that was allocated to the property through the Commercial Policy Review.
From a retail perspective, the applicant has simply requested only floor space
and use flexibility.
The retail market impact study conducted for the Commercial Policy Review was
predicated on a "worst case scenario" of all approved floor space in West
Bowmanville being developed by 2008. Although our retail market analyst
advised that the proposed floor space in West Bowmanville could be
accommodated, the market principle of natural phasing would result in the space
being constructed over a longer period of time.
A wide variety of uses with no retail thresholds are currently permitted as of right.
The Commercial Policy Review assumed a maximum 65,000 tf of retail space on
the site (exclusive of RONA).
9.4.2 Staff have reviewed the Ontario Municipal Board decision for Pythbow
Development Limited as rendered in 1985 on the subject lands. The decision did
not provide any policy guidance, floor space limits, or use provisions, but merely
expanded the zoned limits for highway commercial uses. While the BBIA feels
that the provisions remain relevant today, the retail environment has evolved
during the last 25 years. It should be noted that no Department Store or grocery
store would be permitted.
REPORT NO.: PSD-077-08
PAGE 10
9.4.3 While the layoffs at General Motors in Oshawa and higher fuel prices are very
unfortunate and may have some residual impacts on the Municipality, they are
part of the larger economic forces beyond the local scope of land use planning;
however, the goal of the proposal is to create additional opportunity for retail
uses to locate in Clarington, which should benefit our residents since they won't
have to travel further to reach these opportunities and hence reducing their
gasoline consumption.
9.4.4 Staff also met with representatives of the Bowmanville BIA to discuss their
concerns and clarify the intent of the applications. Staff reiterated that the goal of
the approvals was provide more flexibility for the subject lands while still
maintaining sufficient differentiation between Downtown Bowmanville, West
Bowmanville, and this location.
9.5 Revision to the Environmental Protection Limits
9.5.1 An Environmental Impact Study (EIS) was prepared in December 2005 by
Aquafor Beech on behalf of the Municipality and the applicant to determine the
whether redefining the "EP" zoning limits for the Bowmanville Creek floodplain
had any detrimental impacts on the natural environment. The study examined
the impacts of:
. potential for creek contamination and impacts on fisheries by stormwater from
the development;
. impacts of removing the former C.N. Rail spur line elevated rail bed and
bridge over Bowmanville Creek;
. lighting impacts from the development on wildlife habitat and corridor
functions; and,
. changes to flooding characteristics as a result of filling and construction within
the floodplain.
9.5.2 The study concluded that the "EP" limits could be redefined without causing a
negative environmental impact on the natural environment, the Bowmanville
Creek fishery, and the flood storage capacity of the valley. The study concluded
that the new limits of the environmental protection zoning should be placed along
the 83.1 m contour. The new limit of the "C5-14" zone implements this
recommendation and is supported by CLOCA.
9.5.3 The study identified that the following mitigation measures be implemented
through site plan approval of the property:
. a stormwater management report addressing quantity, quality, and any other
concerns identified as a result of stormwater discharge into the receiving
watercourse;
. approval of erosion and sedimentation control plans for construction; and,
. limitations on the outdoor storage of materials and construction of necessary
containment measures.
Staff would advise that study recommendations on stormwater management
relating to the RONA development were implemented through site plan approval
for that development.
REPORT NO.: PSD-077-08
PAGE 11
9.5.4 CLOCA has requested that the Holding (H) symbol be placed on the area zoned
for the expanded commercial development area, to ensure that the applicant
prepares a final grading survey for approval by CLOCA.
9.5.5 Although a portion of the RONA parking area has environmental protection
zoning, the recommendations of the Environmental Impact Study as they pertain
to the RONA property are being implemented by rezoning the "EP-2" portion of
the property to "C5".
9.6 Private Open Space Amenity Area
9.6.1 The Clarington Official Plan requires that all valleyland be dedicated gratuitously
to the Municipality. Through a previous site plan application, the applicant has
already dedicated 4.3 hectares of valleyland associated with these land holdings
to the Municipality; however, the applicant wishes to retain a 1.6 hectare portion
of valleyland as private open space amenity area immediately east of the
commercial area to be used in association with the proposed hotel and fitness
centre. The amenity area is proposed to consist of walking trails and fitness
stations with exercise equipment. . The area would also be replanted with trees
and naturalized areas. A copy of the proposed private open space amenity area
is contained in Attachment 2.
9.6.2 Although the Municipality typically does not permit valleyland areas to remain in
private ownership, Staff are prepared to grant an exception on the following
basis.
. The proposed private open space amenity area would only be operated in
conjunction with a hotel and convention facility/banquet hall. The amenity
area would consist of walking trails and fitness stations, which could be
viewed as an accessory use in this instance. Hotel patrons could use the
facility for exercise and relaxation purposes. The amenity area would also
serve an accessory outdoor fitness function to a fitness centre. Finally, a
convention facility or banquet hall could use the area for weddings and
relaxation purpose a well. From this perspective, the amenity area can be
considered an accessory use.
. As an exception to the Municipality's policies, it could be viewed as an
incentive to attract a significant hotel project. It is suggested that the hotel be
a minimum of 100 rooms in size.
. The applicant has satisfied CLOCA that the grades for the area will not be
increased not that the equipment has any negative impact on the natural
environment. Potential spring flooding would not have any negative impact
on the amenity area.
. These gardens, trail system and outdoor fitness facility would be used as an
asset to the open space system.
. There should be a sunset date to attract such a hotel after which the lands
should be transferred to the Municipality. It is recommended that the
proponent be given 6 years.
REPORT NO.: PSD-077-08
PAGE 12
10.0 CONCLUSIONS
10.1 In consideration of the comments received from circulated agencies and review
of the proposal, subject to appropriate arrangements with respect to the private
open space, it is recommended that the application to amend the Clarington
Official Plan and Zoning By-law 84-63, as amended, be APPROVED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Private Open Space Amenity Area
Attachment 3 - Amendment 54 to the Clarington Official Plan and By-law
Attachment 4 - Zoning By-law Amendment
Interested parties to be notified of Council's decision:
Glenn Genge, D.G. Biddle & Associates Limited
Sam Cohen, Torgan Group
Joe Cavallo, Shell Canada Products Limited
Robert Hann, Halloway Holdings Limited
Robert DeGasperis, Metrus Properties Inc.
Catherine Spears, Catherine Spears & Associates Inc.
Edgar Lucas, Bowmanville Business Improvement Area
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To Report PSD-077-08
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Attachment 3
To Report PSD-077-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW No. 2008-_
being a By-Law to adopt Amendment No. 54 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to permit a greater variety of retail
uses and size formats, one financial institution, redefined limits to the environmental
protection areas, and a private open space amenity area;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 54 to the Clarington Official Plan, being the attached
Explanatory T ex!, is hereby adopted;
2. This By-Law shall come into force and take effect on the date of the passing hereof.
By-Law read a first time this day of
2008
By-Law read a second time this day of
2008
By-Law read a third time and finally passed this day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
AMENDMENT NO. 54
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE:
BASIS:
ACTUAL
AMENDMENT:
The purpose of this amendment is to permit a greater range of retail
formats within a proposed Highway Commercial development. The
additional uses would consist of medium format retail stores with a
minimum gross floor area of 929 m2, small retail stores with a
minimum gross floor area of 465 m2, small retail stores with a
minimum gross floor area of 232 m2, one financial institution, and
private open space amenity area.
The application is based on an Official Plan Amendment application
(COPA 2005-0010) submitted by Bowmanville Creek
Developments Inc.
The Municipality of Clarington Official Plan is hereby amended
as follows:
1. By including an exception to Section 23.14 to create Section
23.14.9 as follows:
"23.14.9 Notwithstanding Section 10.8.1, in addition to
permitted Highway Commercial uses, the following shall be
permitted on the lands located east of Waverly Road, south
of Baseline Road legally described as Part of Lots 12 and
13, Broken Front Concession, Former Town of Bowmanville:
a)
general retail uses for the property are limited to:
i) a maximum of 3,700m2 of gross floor space for
medium format retail uses with a floor space
between 929 m2 and a maximum gross floor area
of 2,500 m2 per unit;
ii) a maximum of 1,900 m2 of gross floor space for
stores with a gross floor area between 465 m2 and
929 m2 per unit;
iii) a maximum of 1,400 m2 of gross floor space for
stores with a gross floor area between 232 m2 and
465 m2 per unit;
one credit union not present in the Bowmanville
Urban Area prior to July 14, 2008; and
private open space amenity area for use in
conjunction with a hotel containing at least 100 rooms
constructed prior to December 31, 2014".
b)
c)
2. By amending Map A3 as indicated on Exhibit "A" attached to
this amendment.
IMPLEMENTATION: The provIsions set forth in the Clarington Official Plan as
amended, regarding the implementation of the Plan shall apply
in regard to this amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan as
amended, regarding the interpretation of the Plan shall apply in
regard to this amendment.
Attachment 4
To Report PSD-077-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-Law to amend By-Law 84-B3, the Comprehensive Zoning By-Law for
the Corporation of the Municipality of Clarington
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 applications COPA 2005-0010 and ZBA 2005-0058 to
permit a greater variety of retail uses and size formats, one financial institution,
redefined limits to the environmental protection areas, and a private open space
amenity area;
AND WHEREAS said by-law is passed pursuant to Section 24(2) of the Planning Act,
whereby it would not come into effect until such time as Official Plan Amendment No. 54
is approved by the Council of the Corporation of the Municipality of Clarington and that
decision is final;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 20.4 "SPECIAL EXCEPTIONS - SPECIAL PURPOSE COMMERCIAL
(C5) ZONE" is hereby amended by introducing a new Sub-Section 20.4.14 as
follows:
"20.4.14
SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-14) ZONE
Notwithstanding Section 20.1, those lands zoned C5-14 on the Schedules to this
By-law shall be used subject to the following definitions and permitted uses:
a) Definitions
Credit Union shall mean a corporation incorporated as a credit union or
caisse populaire under the Credit Unions and Caisee Populaires Act.
Clothing shall mean a building or part of a building which is used for the
retail sale of clothing, apparel, and/or related fashion accessories.
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.
Furniture and Home Furnishings shall mean a building or part of a
building which is used for the retail sale of furniture, home furnishings, and
accessories.
Home Electronics shall mean a building or part of a building which is used
for the retail sale of household electronics.
Major Appliances shall mean a building or part of a building which is used
for the retail sale of major household appliances.
Medium Format Retail Store shall mean a building or part of a building
having a minimum total floor area of 929 m' and a maximum fioor area of
2,500 m', in which goods, wares, merchandise or related services are
offered or kept for sale at retail or on a rental basis.
Office Furniture and Supplies shall mean a building or part of a building
which is used for the retail sale of office furniture, office electronics, and
office supplies.
Pets and Pet Supplies shall mean a building or part of a building which is
used for the retail sale of pets and pet supplies.
Sporting Goods shall mean a building or part of a building which is used for
the retail sale of sporting goods and related clothing and apparel.
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.
b. Residential Uses
Prohibited
c. Non-Residential Uses
i) an eating establishment;
ii) an eating establishment- take-out;
iii) an eating establishment with a drive-through facility;
iv) a credit union not represented in the Bowmanville Urban Area prior to
July 14, 2008;
v) a garden or nursery sales establishment;
vi) a hotel, motel, or motor hotel containing a minimum of 100 rooms;
vii) a medium format store containing a fumiture and home furnishings,
major appliances, motor vehicle equipment and supply
establishments, office furniture and supplies, home electronics,
clothing, pets and pet supplies, or sporting goods;
viii) a retail commercial establishment;
ix) a place of entertainment;
x) a private club;
xi) a tavem; and
xii) a veterinarian.
d. Regulations for Non-Residential Uses
i)
A combined maximum of 6,050 m' of total floor area shall be
pemnitted for non-residential uses contained in Section 20.4.14 (c) vii
and in Section 20.4.14 (c) viii.
A maximum total fioor area of 3,716 m' is permitted for medium
format stores.
For retail commercial establishments a maximum total fioor area of
1,858 m' is permitted for stores containing between a minimum
gross floor area of 465 m' and a maximum gross floor area of 929
m2 per unit,.
For retail commercial establishments a maximum of 1,400 m' is
permitted for stores containing a minimum gross floor area of 232
m' and a maximum gross floor area of 465 m' per unit.
With the exception of food sold in an eating establishment, the sale of
food and supemnarket items are not permitted within non-residential
uses contained in Section 20.4.14 (c) viii.
Notwithstanding Section 19.3 (I), where a building has a total floor
area less than 500 m2 or abuts an EP zone, the exterior side yard
setback of such a building shall be a minimum of 5 metres.
iI)
iil)
iv)
v)
vi)
e. Regulations for Drive-Through Facilities
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 the stacking lane shall be located a minimum of 18
metres from the limit of a public street.
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.
,iv)
Notwithstanding Section 20.4.14 (e) (i), the minimum length for a
stacking lane for a drive-through facility associated with a credit
union is 24 metres."
2. Section 5.2 "SPECIAL EXCEPTIONS - ENVIRONMENTAL PROTECTION (EP)
ZONE" is hereby amendec by introducing a new Sub-Section 5.2.16 as follows:
"5.2.16
ENVIRONMENTAL PROTECTION EXCEPTION (EP-16) ZONE
Notwithstanding Section 5.1, those lands zoned EP-16 on the Schedules to this By-
law shall only be developed and used for a private landscapec open space amenity
area containing walking trails, gardens and outdoor fitness equipment in
association with a hotel containing a minimum of 100 rooms to be constructed prior
to December 31,2014. No playing fields, buildings, or structures are permitted."
3. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Special Purpose Commercial (C5) Zone" to "Special Purpose Commercial
Exception (C5-14) Zone";
"Special Purpose Commercial (C5) Zone" to "Environmental Protection (EP) Zone";
"Holding - Special Purpose Commercial ((H)C5) Zone" to "Special Purpose
Commercial Exception (C5-14) Zone";
"Environmental Protection Exception (EP-2) Zone" to "Special Purpose Commercial
(C5) Zone";
"Environmental Protection Exception (EP-2) Zone" to "Holding - Special Purpose
Commercial Exception ((H)C5-14) Zone";
"Environmental Protection (EP) Zone" to "Special Purpose Commercial Exception
(C5-14) Zone"
"Environmental Protection Exception (EP-2) Zone" to "Special Purpose Commercial
Exception (C5-14) Zone";
"Environmental Protection Exception (EP-2) Zone" to "Environmental Protection
(EP) Zone" ; and
"Environmental Protection (EP) Zone" to "Holding - Environmental Protection
Exception ((H)EP-16) Zone"
as shown on the attached Schedule "A" hereto.
4. Schedule "A" attached hereto shall fonm part of this By-Law.
5. This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 24, 34 and 36 of the Planning Act, R.S.O. 1990.
By-Law read a first time this day of
2008
By-Law read a second time this day of
2008
By-Law read a third time and finally passed this day of
2008
Jim Abernethy, Mayor
Patti L. Barrie, Clerk
This is Schedule II A"" to
passed this day of
By-law 2008-
, 2008 A.D.
,
l
III,
I
~ HIGHWAY'"
~-
J
iiiI Zoning to Remain"EP"
~ Zoning Change From "EP-2" To "EP"
~-:-:-:-:-I Zoning Change From "CS" To "EP"
~ Zoning Change From "EP" To "(H)EP-16"
~ Zoning Change From "EP-2" To "CS"
1\\;:;;:;;;:;1 Zoning Change From "EP-2" To" CS-14"
~ Zoning Change From "EP" To "(H)CS-14"
~ Zoning Change From "C5" To "C5-14"
~ Zoning Change From "(H)CS" To "CS-14"
Jim Abernethy, Moyor
BOWMANVILLE
Patti L. Barrie, Municipal Clerk