HomeMy WebLinkAbout2001-035 Schedule II
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2001-035
being a By-law to amend By-law 84-63,the Comprehensive Zoning By-
law for the Corporation of 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 the applications ZBA 99-027 and ZBA 99-030 to permit the development of 2,441 m2 of retail
commercial floorspace and a retirement/nursing home with 88 units/175 beds.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 16.5 "SPECIAL EXCEPTIONS—GENERAL COMMERCIAL(C1)ZONE"is hereby
amended by introducing a new Subsection 16.5.26 as follows:
"16.5.26 GENERAL COMMERCIAL EXCEPTION(C1-26)ZONE
Notwithstanding Sections 2, 3.12, 3.15, 16.1 and 16.3,those lands zoned(Cl-26) shall be subject
to the following provisions:
a) Definitions
i), 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.
b) Permitted Uses
i) Any non-residential use save and except a supermarket.
ii) Convenience store
C) Regulations
i) Interior Side Yard(minimum) 7.5 metres to the first storey and 10.0 metres
to the second storey
ii) Parking Space Size 5.2 metres in length by 2.75 metres in
width provided that such space is
perpendicular to a landscaping strip.
iii) Number of Loading Spaces 3"
Section 16.5 "SPECIAL EXCEPTIONS—GENERAL COMMERCIAL(C1)ZONE"is hereby
amended by introducing a new Subsection 16.5.27 as follows:
"16.5.27 GENERAL COMMERCIAL EXCEPTION(C1-27)ZONE
Notwithstanding Sections 2, 3.12,3.15, 16.1 and 16.3,those lands zoned(C1-27) shall be subject
to the following provisions:
a) Definitions
i) 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.
b) Permitted Uses
i) Any non-residential use save and except a supermarket
ii) Convenience store
iii) Motor Vehicle Fuel Bar
C) Regulations
i) Exterior Side Yard(minimum) 3.0 metres to a building or canopy
ii) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that
such space is perpendicular to a landscaping strip.
iii) Number of Loading Spaces 1"
J
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Section 15.4"SPECIAL EXCEPTIONS—URBAN RESIDENTIAL TYPE FOUR(R4)
ZONE"is hereby amended by introducing a new Subsection 15.4.21 as follows:
"15.4.21 URBAN RESIDENTIAL EXCEPTION(R4-21)ZONE
Notwithstanding Sections 2, 3.15 and 15.2,those lands zoned(R4-21) shall be subject to the
following provisions:
a) Definitions
i) 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.
ii) Dwelling
Shall mean one (1) or more habitable rooms, designed or intended for use
by one or more persons, in which sanitary facilities are provided for the
exclusive or shared use of the persons, in which a heating system is
provided, and which has a private entrance from a common hallway or
stairway inside the building. For the purpose of this definition, dwelling
shall also mean dwelling unit.
b) Permitted Uses
i) Apartment building
ii) Nursing home
C) Regulations
i) Density(maximum) 105 units per ha
ii) Dwelling Units(maximum) 88
iii) Interior Side Yard(minimum) 8.7 metres
iv) 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. Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
"General Commercial(C 1)Zone"and"Special Purpose Commercial Exception(C4-2) .
Zone"to"Holding—General Commercial Exception((H)C 1-26)Zone"
"Holding—Urban Residential Type One((H)Rl)Zone"and"Holding—Urban Residential
Exception((H)R1-43)Zone"to"Holding—General Commercial Exception((H)C1-27)
Zone".
"Special Purpose Commercial Exception(C4-2)Zone"and"Holding—Urban Residential
Exception((H)R1-43)Zone"to"Holding—Urban Residential Exception((H)R4-21)Zone"
as shown on the attached Schedule"A"hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. 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.
BY-LAW read a first time this day of , 2001.
BY-LAW read a second time this day of ,2001.
BY-LAW read a third time and finally passed this day of 2001.
MAYOR
CLERK
This is Schedule to _ 01
passed this day of 2001 A.D.
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O.M.B.Case No.PL001100
Ontario Municipal Board
Commission des affaires municipales de ('Ontario
1319164 Ontario Limited has appealed to the Ontario Municipal Board under subsection 34(11)of the Planning Act R.S.O.
1990,c. P. 13,as amended,from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63
of the Municipality of Clarington(former Village of Newcastle)to rezone lands respecting 337 and 361 King Street East
to permit the development of stores,a nursing home/retirement lodge to include a maximum of 88 units and a gasoline
bar with associated convenience retail store and restaurant
O.M.B. File No.Z000158
1319164 Ontario Limited has referred to the Ontario Municipal Board under subsection 41(12)of the Planning Act, R.S.O.
1990,c. P.13,as amended,determination and settlement of details of a site plan for lands composed of Part Lots 26 and
27,Concession 1 in the Municipality of Clarington(former Village of Newcastle)
O.M.B.File No.M000094
1319164 Ontario Limited has appealed to the Ontario Municipal Board under subsection 22(7)of the Planning Act, R.S.O.
1990, c. P. 13, as amended,from the Council's refusal or neglect to enact a proposed amendment to the Official Plan
for the Municipality of Clarington(former Village of Newcastle)to redesignate land on the south side of King Street East
from Urban Residential to Main Central Area to permit various commercial uses
Municipality of Clarington File No.D09.COPA.99.002
O.M.B.File No.0000238
MINUTES OF SETTLEMENT
The parties hereto, 1319164 Ontario Limited ("the Proponent") and the Corporation of the
Municipality of Clarington ("the Municipality"), agree as follows:
1. The draft Official Plan amendment ("the OPA") attached hereto as Schedule I represents
good planning in the public interest.
2. The draft Zoning By-law amendment("the ZBLA")attached hereto as Schedule II represents
good planning in the public interest.
3. The holding symbol provided for in the ZBLA is imposed solely to ensure the construction
of that part of the future Brookhouse Drive ("the Extension") which is intended to extend
south from King St.E., adjacent to the lands subject to the ZBLA. The Municipality shall
remove the holding symbol when the construction of the Extension is completed to the
satisfaction of the Municipality's Director of Public Works, acting reasonably.
4. The parties will actively cooperate to promote acceptance by the Board of the OPA and the
ZBLA, as follows:
3.1 the parties will present these Minutes to the Board in positive terms and advocate
their acceptance by the Board;
3.2 if required by the Board, the Municipality will call such evidence as is required to
support the OPA and ZBLA;
-2-
3.3 neither party shall call evidence or advance arguments that would be in opposition
to the OPA and ZBLA;
3.4 the parties shall`cross-examining any witnesses who oppose the,OPA or ZBLA;
and
3.5 the parties shall make submissions and legal arguments supportive of the OPA
and ZBLA.
5. The Board will be asked to amend the Municipality's Official Plan by approving the OPA
contained in Schedule I and to direct the Municipality to enact an amendment to the Zoning
By-law in accordance with the ZBLA contained in Schedule II. Forthwith after enacting the
ZBLA the Municipality will repeal By-law No. 2001-019.
6. The Proponent shall withdraw its appeal of its application for site plan approval. The
Municipality acknowledges that said withdrawal is without prejudice to the
Proponent's right to file a future appeal of the said application or a revised version
thereof.
7. The Municipality acknowledges that the Proponent may request approval of the site plan
application in its current form, or may revise the application. Once the Proponent has
advised the Municipality that the application, whether revised or not, is in a complete and
final form, the Municipality shall process the application with due diligence in a reasonable
period of time, acting in good faith.
8. These Minutes may be executed in multiple counterparts, and each counterpart shall be
deemed to be an original.
DATED this 20 day of February, 2001:
CORPORATION OF THE MUNICIPALITY OF CLARINGTON:
John Mtftton, Mayor Patti . B e, Cler
13191640: O LIMITED:
Mi elling, Counsel
kl
CATEMRSETTLEMPD
Schedule I
AMENDMENT NO. 20
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of the Amendment is to extend the Newcastle Village
Main Central Area to include additional lands in order to permit 2,441
m2 of retail commercial uses on a 0.99 hectare land area.
BASIS: The amendment is based on an application submitted by 1319164
Ontario Limited(COPA 99-002) for retail commercial uses on the
subject lands. A Retail Market Impact Study by Malone Given
Parsons Limited and a Planning Report by John Winter Associates
Limited were prepared in support of the proposal.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended as follows:
i) By amending Map A4—Land Use: Newcastle Village Urban
Area as shown on Exhibit"I".
ii) By adding a new Section 3.5 to the Newcastle Village Main
Central Area Secondary Plan as follows:
"3.5 To establish an eastern gateway to the Main Central
Area."
iii) By adding a new Section 6.4 to the Newcastle Village Main
Central Area Secondary Plan as follows:
"6.4 Notwithstanding Section 6.1 of this Plan,the
commercial development at the intersection of King
Street and Brookhouse Drive shall be designed with a
prominent street presence, landmark architectural
features reflecting historic themes and high quality
streetscape amenities to function as a gateway to the
Main Central Area."
iv) By amending Map A—Land Use: Newcastle Village Main
Central Area Secondary Plan as shown on Exhibit"2".
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan and the
Newcastle Village Main Central Area Secondary 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 and the
Newcastle Village Main Central Area Secondary Plan, as amended,
regarding the interpretation of the Plan, shall apply in regard to this
Amendment.
EXHIBIT " 1 "
AMENDMENT No. 20 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP A4, LAND USE, NEWCASTLE VILLAGE URBAN AREA
CONCESSIDN ROAD 3
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