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HomeMy WebLinkAboutPSD-077-08 Addendum 3w ~~~~~ REPORT Leadiag the Way PLANNING SERVICES Meeting: COUNCIL ~~I~1 ~~ ~ ~' X57(-~~ Date: Monday, December 8, 2008 I! Addendum 3 to Report #: PSD-077-08 File #: COPA 2005-0010 and By-law #: ZBA 2005-0058 Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC. TO PERMIT A WIDER RANGE OF COMMERCIAL USES RECOMMENDATIONS: It is respectfully recommended to Council the following: THAT Addendum 3 to 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 1 to Addendum 3 PSD-077-08 and that the necessary by-law be PASSED at such time as the applicant has brought their accounts with the Municipality up to date; 3. THAT the applicallion to amend the Municipality of Clarington Zoning By-law 84- 63, as amended, be APPROVED and that the by-law as contained in Attachment 2 to Addendum 3PSD-077-08 be PASSED at such time as the applicant has brought their accounts with the Municipality up to date; 4. THAT, subject to Recommendation 5, an exception to the Municipality's policy and practice be granted to provide for a private open space area within the valley lands on an area of approximately 1.6 hectares, provided that a hotel containing more than 85 guest rooms is constructed on the lands zoned (H) C5-15; 5. THAT prior to adopting the proposed amendments, an agreement of purchase and sale is made between the applicant and the Municipality to the satisfaction of the Municipality's solicitor providing for the transfer of the fee simple interest and possession of the lands zoned (H) EP-16 for nominal consideration if (six) 6 years following the date when the zoning by-law comes into effect a hotel which satisfies Recommendation 4 has not been constructed on the lands zoned (H) C5-15; 6. THAT an appropriate by-law be passed for the Mayor and Clerk to execute an agreement; REPORT NO.: Addendum 3 to PSD-077-08 PAGE 2 7. THAT copies of Report PSD-077-08 and Addendums and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and, THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: _ ~`_ Reviewed by:~ --c-w "~- David . Crome, M.C.LP., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer DJ/COS/sh December 5, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREE , BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: Addendum 3 to PSD-077-08 PAGE 3 1.0 BACKGROUND 1.1 Staff has submitted two addendums to Report PSD-077-08 originally presented to the General Purpose and Administration- GPA- Committee on July 7, 2008, and the Addendums were presented to the same Committee on November 3, 2008. and December 1, 2008 respectively. 1.2 At the December 1, 2008 GPA Committee meeting, the Committee directed the Director of Planning Services to change the proposed zoning bylaw to designate a portion of the site exclusively for a hotel. The Committee also wanted to merge the retail provisions for store sizes from both the C5-14 and C5-15 zones. The Committee's resolution further directed the Director of Planning Services to work with the applicant to define the location and area for the hotel zone. 2.0 DISCUSSION 2.1 Staff have prepared the attached revised by-law for Council's consideration. The following changes have been made: • -The C5-15 zoned has been reduced to a 0.67 ha. (1.66 ac) portion of the lands on the east side of Spry Avenue. This is the site which will be zoned for a hotel and related accessory place of assembly (e.g. banquet hall) • The C5-14 zone has been extended to include the north portion of the lands east of Spry. Therefore, for retail stores with an area between 232 m2 and 46~ m , a total retail floor area of 2,787 m2 (30,000 square feet) has been all Gated in this zone. • A hotel is a ~ermitted use on both the C5-14 and C5-15 to allow for ease of siting a hotel when a tenant is secured. • Clauses were included in the by-law to ensure that the zone lines between C5-14 and C5-15 were not considered as property lines for ease for placement of buildings on the site. • Map 1 (Attaclhment 3) to this addendum reflects the final zoning categories representing Council's direction. 2.2 We have held conversations with the applicants. However, we were not able to reach a consensus as to the amount of land to be dedicated for the hotel zone. The applicant suggested one acre and indicated that this amount of land was requested by a hotel chain that was interested on the site about three years ago. 2.3 To define the area for the hotel designation, staff took into consideration the site plan submitted by the applicant. This site plan identified the location of the proposed hotel. In addition, staff considered the possible land needs of a hotel similar to the Holiday Inn being built in Bowmanville. The Holiday Inn site is 0.64 ha (1.58 ac.). Therefore, staff recommends a site size for the hotel of 0.67 ha. (1.66 ac). REPORT NO.: Addendum 3 to PSD-077-08 PAGE 4 2.4 The proposed zone for the hotel does not include the proposed restaurant of approximately 400 m2 shown on the site plan. This restaurant was part of the site plan submitted byl the applicant. Until a hotel tenant is secured it is difficult to determine whether! their would be sufficient room for this restaurant. At such time as a hotel is constructed, staff would have no objection to consider additional uses on the C5-1511ands. 2.5 The By-law also provides the applicant with flexibility to build the hotel with assembly hall facilities. The assembly hall (e.g. conference centre) would have to be part or attached to the hotel, mainly as an accessory use. Further flexibility on the final configuration of the hotel is provided by allowing hotel uses in the C5-14 zone and by not considering the zone lines for setback purposes between the C5-14 and C5-15 zones. 3.0 CONCLUSION 3.1 The proposed By-law attached to this addendum reflects Council objectives for the site. In addition the proposed Zoning By-law retains many of the changes suggested by the applicant namely: The proposed by-law restores some of the original uses for clarity (beer, liquor or wine outlet). It has also retained some other uses in the C5 zone (an assembly hall, a day nursery). The applicant also requested to add more flexibility to store sizes originally contemplated in their application. The By-law removes many of the retail space sizes and only limits the number of stores between 232 m2 and 465 m2; the by-law also increases to 2787 m2 the maximum area for these types of stores. In addition, .the by-law removes the retail limit for the whole site as requested by the applicants to provide them with more flexibility for marketing the site. • A financial institution currently not represented in the market has been added to the permitted list of uses. 3.2 With these changes, staff considers that the proposed by-law establishes a balance between the flexibility requested by the applicants for the development of the whole site and the objectives of Council to see a hotel developed on the property. Attachments: Attachment 1 -Amendment 54 to the Clarington Official Plan and By-law Attachment 2 -Zoning By-law Amendment Attachment 3 -Map 1, Proposed Zoning Attachment 4 -Addendum 2 to Report PSD-077-08 REPORT NO.: Addendum 3 to PSD-077-08 PAGE 5 Interested parties to be nptified 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 Beth Kelly, Valiant Property Management Attachment 1 To Addendum 3 to PSD-077-08 AMENDMENT NO. 54 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to permit a greater range of retail uses and size formats within a proposed Highway Commercial development, one financial institution, redefined limits to the environmental protection area, and a private open space amenity area. BASIS: The application is based on an Official Plan Amendment application (COPA 2005-0010) submitted by Bowmanville Creek Developments Inc. ACTUAL AMENDMENT: 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, 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 the following uses shall be permitted: a) limited retail stores less than 500mZ; b) one credit union not present in the Bowmanville Urban Area on November 10, 2008; and c) private open space amenity area for use in conjunction with a hotel containing at least 85 guest rooms and with other permitted uses provided that the hotel is constructed within 6 years of the zoning by- law coming into effect. 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. Exhibit "A", Amendment No. 54 To the Municipality of Clarington Official Plan, Map A3, Land Use, Bowmanville Urban Area ® ® I, ®®® ~ ~® I ® j i Z Change From "Environmental Protection Area" To "Highway Commercial" S i j SPECIAL POLICY. `AREA C~ ~SPECIAL~ ^ POLICY ~ ~ AREA E ~ ~ ~ ^ ~ ~a..... d ® j ® _ BASELINE ROAD NWAY 407 ®/ ~~ LAKE ONTARIO 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 area, 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: That Amendment No. 54 to the Clarington Official Plan, being the attached Explanatory Text, 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 Attachment 2 To Addendum 3 to PSD-077-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a ey-Law to amend By-Law 84-63, 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 fnancial 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 Ptan 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 Sections 3.14 and 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. 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. Adrive-through facility may be established in combination with other permitted non-residential uses. 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 assembly hall; ii) a day nursery; iii) an eating establishment; iv) an eating establishment-take-out; v) an eating establishment with adrive-through facility; vi) a beer, liquor or wine outlet; vii) a credit union not represented in the Bowmanville Urban Area or November 10, 2008; viii) a garden or nursery sales and supply establishment; ix) a hotel x) a retail commercial establishment; xi) a place of entertainment; xii) a place of worship; xiii) a private club; xiv) a tavern; xv) a veterinarian clinic; and xvi) offices, located on a second floor only, unless directly related to the primary use(s) of the ground floor. xvii) notwithstanding subsection xvi) business and professional offices are permitted on the q~round floor provided the cumulative floor space does not exceed 232 m . Regulations for Non-Residential Uses i) The minimum floor area for a retail commercial establishment shall be greater than 465 m2. ii) Notwithstanding Section 20.4.14 d. i), a maximum of 2,787 m~ of gross floor space is permitted with a minimum gross floor area of 232 m2 and a maximum gross floor area of 465 mZ per unit. iii) Notwithstanding Section 19.3 f), the exterior side yard for a building with a total floor area less than 500 mZ shall be a minimum of 5 metres. iv) Outdoor storage is prohibited. v) a zone line is not a property line for purposes of determining setbacks between the C5-14 and C5-15 zones e. Regulations for Drive-Through Facilities Where adrive-through facility is permitted, the following requirements shall apply: 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 he 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 adrive-through facility associated with a credit union is 24 metres." 2. Section 20.4 "SPECIAL EXCEPTIONS -SPECIAL PURPOSE COMMERCIAL (C5) ZONE" is hereby amended by introducing a new Sub-Section 20.4.15 as follows: "20.4.15 SPECIAL PURPOSE COMMERCIAL EXCEPTION (CS-15) ZONE Notwithstanding Sections 3.14 and 20.1, those lands zoned C5-15 on the Schedules to this By-law shall be used subject to the following permitted uses: a. Residential Uses Prohibited b. Non-Residential Uses i) a hotel; ii) an assembly hall as part of or attached to a hotel c. Regulations for Non-Residential Uses i) Any hotel must contain a minimum of 85 guest rooms available to members of the travelling public. ii) a zone Tine is not a property line for purposes of determining setbacks between the C5-14 and C5-15 zones. iii) Outdoor storage is prohibited. 3. Section 5.2 "SPECIAL EXCEPTIONS -ENVIRONMENTAL PROTECTION (EP) ZONE" is hereby amended by introducing a new Sub-Section 5.2.16 as follows: "5.2.16 ENVIRONMENTAL PROTECTION EXCEPTION (EP-16) ZONE Those lands zoned EP-16 on the Schedules to this By-law may be used as a public park or public open space, and notwithstanding Section 5.1, may be used for a private landscaped open space area containing only walking trails, gardens and outdoor fitness equipment and play areas accessory to permitted uses in the C5-16 zone. 4. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Environmental Protection Exception (EP~2) Zone' to "Special Purpose Commercial (C5) Zone"; "Special Purpose Commercial (CS) Zone" to "Holding -Special Purpose Commercial Exception ((H)CS-14) Zone"; "Special Purpose Commercial (C5) Zone" to "Environmental Protection (EP) Zone"; "Holding -Special Purpose Commercial ((H)C5) Zone" to "Holding -Special Purpose Commercial Exception ((H)C5-14) Zone"; "Environmental Protection Exception (EP-2) Zone' to "Holding -Special Purpose Commercial Exception ((H)C5-14) Zone'; "Environmental Protection (EP) Zone" to "Holding -Special Purpose Commercial Exception ((H)C5-14) Zone"; "Environmental Protection (EP) Zone' to "Holding -Special Purpose Commercial Exception (C5-15) Zone"; "Environmental Protection Exception (EP-2) Zone' to "Holding -Special Purpose Commercial Exception ((H)CS-15) 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. 5. Schedule "A" attached hereto shall form part of this By-Law. 6. 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 2ppg Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2008- passed this day of , , 2008 A.D. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Zoning to Remain"EP" ® Zoning Change From "EP-2" To "EP" Q Zoning Change From "C5" To "EP" Zoning Change From "EP" To "(H)EP-16" %%%% Zoning Change From "EP" To "(H)C5-14" ®Zoning Change From "EP-2" To "(H)C5-14" ®Zoning Change From "C5" To "(H)C5-14" ® Zoning Change From "(H)C5" To "(H)C5-14" Zoning Change From "EP-2" To " (H)C5-15" ®Zoning Change From "EP" To "(H)C5-15" Zoning Change From "EP-2" To "C5" ~ Zoning To Remain "C5" BOWMANVILLE ZBA 2005-058 - Attachment 3- I To Addendum 3 to PSD-077-08 WAVERLEY ROAD (DUR AM ROAD 57 i ~ y 4 ' ~~ ~J ~ ~ ~ 9 'g +~ ~ C l it !f~ • /VA' - f! a ~~ i n ~ocrr ~ i~~ ~ D m 3 ~ if ~ !! >: ~ m ~ D i ~ & ti d 0 }~ ~ ~/ e ~ ~ a ~ ~ (n ~ c I ~ a a ~ ~ ~ Tm ~~ a l , ~I 9L4 'K' ~ ~ o ~~ ~: - `. ~ T m , , awdxc 'J - BLagxG 'M ~w A m ~ m (H)EP-16 Attachment 4 To Addendum 3 to PSD-077-08 Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 1, 2008 Addendum 2 to Report #: PSD-077-08 File #: COPA 2005-0010 and By-law #: ZBA 2005-0058 Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC. TO PERMIT A WIDER RANGE OF COMMERCIAL USES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-077-08 be lifted from the table; 2. THAT the Addendum and Addendum 2 to Report PSD-077-08 be received; 3. 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 1 to Addendum 2 PSD-077-08 and that the necessary by-law be PASSED; 4. 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 2 to Addendum 2PSD-077-08 be PASSED; 5. THAT, subject to Recommendation 6, an exception to the Municipality's policy and practice be granted to provide for a private open space area within the valley lands on an area of approximately 1.6 hectares, provided that a hotel containing more than 85 guest rooms is constructed on the lands zoned (H) C5-15; 6. THAT prior to adopting the proposed amendments, an agreement of purchase and sale is made between the applicant and the Municipality to the satisfaction of the Municipality's solicitor providing for the transfer of the fee simple interest and possession of the lands zoned (H) EP-16 for nominal consideration if (six) 6 years following the date when the zoning by-law comes into effect a hotel which satisfies Recommendation 5 has not been constructed on the lands zoned (H) C5-15; 7. THAT an appropriate by-law be passed for the Mayor and Clerk to execute an agreement; REPORT NO.: Addendum 2 to Report PSD-077-08 PAGE 2 8. THAT copies of the Addendum and Addendum 2 to Report PSD-077-08 and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and, 9. THAT all interested parties. listed in this report and any delegations be advised of Submitted by: /~' Reviewed by: David J. rome, M.C.I.P., R.P.P. Director, Planning Services DJ/COS/sh November 20, 2008 Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTRRIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: Addendum 2 to Report PSD-077-08 1.0 BAClEGROU"1D PAGE 3 1.1 Staff submitted a recommendation report: Addendum to Report PSD-077-08 (Attachment 1) to the General- Purpose and Administration Committee on November 3, 2008. Members of the Commiftee expressed concern that Staffs recommendation regarding the six year time frame for the development of the hotel, was insufficient given the demands for overnight accommodation to support the nuclear New Build, which is expected to begin as early as 2010. The opinion was also expressed that one new hotel, a Holiday Inn Express Hotel & Suites, which is currently under construction in Bowmanville, would not be enough to serve the community and the expected demand generated by the New Build project in particular. Members of the Committee felt that Council has a responsibility to "ensure" sufficient hotel accommodation is built to support-the Province and dntario Power Generation during the construction of the new nuclear reactors and the refurbishment of the existing reactors. 1.2 After further consideration, the Committee recommended that the report be referred back to staff for a written report to be presented to Committee at the General Purpose and Administration Committee Meeting on December 1,2008. 2.0 DISCUSSION 2.1 As noted at the November 3`d meeting, the Municipality cannot ensure the timing of a specific. development through a Zoning By-law, as this is left to market conditions and the willingness of the developer to market and to proceed with the development. A Zoning By-law regulates the use and scale of land uses and development, but not the time frame of a specific use. There is however scope to include zoning regulations that relate to the phasing of development. 2.2 To assist in the course of expediting and securing the construction of the hotel on .the site, as requested by some members of the General Purpose and Administration Committee, one option would be to require that a hotel be under construction prior to any other uses being permitted for the C5-15 zone, the lands east of the former Spry Avenue Road allowance. This would allow other buildings to commence construction, but the building could not be occupied and used until the hotel is substantially under construction. To implement this staff recommends that the initial Zoning By-law Amendment be further revised by introducing the following clause under the new Subsection 20.4.15 d (i) ;Regulations fer Non-Residential Uses) as follows: `lVo building may be used on any one or more portions of the lands zoned (C5- 15) for the purposes of one or more of the permitted non-residential uses listed in Section 20.4.15 of the By-law unless a building permit has been issued for a hotel and the Chief building Official has approved the completed foundation" REPORT NO.: Addendum 2 to Report PSD-077-08 PAGE 4 2.3 This clause is quite restrictive in nature. While other buildings could be constructed or commence construction on the C5-15 lands at any time, it is unlikely that this would be done since the buildings could not be occupied and Used without the hotel co~~~pletL~g the first stage of construction. However, some flexibility is provided in that the hotel does not have to be operational. Staff believe that the investment needed to reach completion of the foundation is significant that there would be minimal risk that the owner would not complete the hotel. This clause is a similar in technique to one previously used for Clarington .Centre, which required a department store and a grocery store. 2.4 This condition does not affect the lands west of Spry Avenue, where the recommended by-law allows for more flexibility in retail uses. 3.0 CONCLUSION 3.1 Council's concern is to expedite the construction of the hotel to provide the much needed infrastructure to support the growing accommodation needs associated with not only the Nuclear New Build but also the other large infrastructure projects including Highway 407, the redevelopment and refurbishment of the Darlington 'A' nuclear site, the OPG Nuclear offices, and the Port Granby Project and also to serve general growth of the Municipality. The Bowmanville Creek Developments has proposed a hotel from the commencement of the application and it is one of the few serviced sites in the Municipality that could be developed for hotel uses in the short term. 3.2 There are two options for the rezoning of the site as follows: Option 1 - To require the hotel as part of the zoning This option has been described above and is reflected in the revised by-law contained in Attachment 2 to this Addendum report. The suggested revision to the proposed Zoning By-law, coupled with Staffs recommendation to allow private open space associated with a hotel, would provide a strong incentive to encourage the early construction of a hotel. Option 2 - To permit a hotel as one of the possible uses If Council does not wish to pursue this option but maintain the approach contained in previous reports, the same by-law should be approved with the deletion of clause 20.4.15 d. (i). Attachments: Attachment 1 -Amendment 54 to the Clarington Official Plan and By-law Attachment 2 -Zoning By-law Amendment Attachment 3 -Addendum to Report PSD-077-08 REPORT NO.: Addendum 2 to Report PSD-077-08 PAGE 5 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 P.obert DeGasperis, Metrus Properties Inc. Catherine Spears, Catherine Spears &Associates Inc. Edgar Lucas, Bowmanville Business Improvement Area Beth Kelly, Valiant Property I~lanagement AMENDMENT NO.54 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN Attachment 1 Addendum 2 To Report PSD-077-08 PURPOSE: The purpose of this amendment is to permit a greater range of retail uses and size formats within a proposed Highway Commercial development, one financial institution, redefined limits to the environmental protection area, and a private open space amenity area. BASiS: The application is based on an Official Plan Amendment application (COPA 2005-0010) submitted by Bowmanville Creek Developments inc. ACTUAL AMENDMENT: 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, 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 the following uses shall be permitted: a1 limited retail stores less than 50nmz; b) one credit union not present. in the Bowmanville Urban Area on November 10, 2008; and c) private open space amenity area for use in conjunction with a hotel containing at least 85 guest rooms and with other permitted uses provided that the hotel is constructed within 6 years of the zoning by- law coming into effect. 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. Exhibit "A", Amendment No. 54 To the Municipality of Clarington Official Plan, Map A3, Land Use, Bowmanville Urban Area p C ~, SPECIAL` POLICY,- `AREA CY ~1Q LAKE ONTARIO THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW No. 2008- being a By-Law to adopt Amendment No. 54 to the Clarington Offcial 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 edop*,ion 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 area, and a private open space amenity area; NOVJ 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 Text, 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 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2008- ..-._... ~., wrn c Addendum 2 To Report PSD-077_pg being a By-Law to amend By-Law 84-63, 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 appliatiors COP,4 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 Ad, 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 COMhAERC!,4L (CS) ZONE° is hereby amended by introducing a new Sub-Section 20.4.14 as follows: "20.4.14 SPECIAL PURPOSE COMMEP.ClAL EXCEPTION (C5-14) ZONE Notwithstanding Section 20.1, those lands zoned CS-14 on the Schedules to this By-law shall be used subject to the following defndions 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. 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. Adrive-through facility may be established in combination with other permitted non-residential uses. Stacking Lane shall mean a queuing lane for motor vehicles which is loafed 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) art assembly hall; ii) a day nursery; iii) an eating establishment; iv) an eating establishment-take-out; v) an eating establishment with adrive-through facility; vi) a beer, liquor of wine outlet; vii) a credit union not represented in the Bowmanville Urban Area on November 1D, 2008; viii) a garden or nursery sales and supply establishment; ix} a retail commercial establishment; x) a place of entertainment; xi) a place of worship; xii) a private club; xiii) a tavern; xiv) a veterinarian clinic; and xv) offices, heated on a second floor only, unless directly related to the primary use{s) of the ground floor. xvi) notwithstanding subsection xv) business and professional offices are permitted on the ground floor provided the cumulative floor space does not exceed 232 mZ. d. Regulations for Non-Residential Uses i) The minimum floor area for a retail commercial establishment shall be greater than 465 m2. ii) Notwithstanding Section 20.4.14 d. i), a maximum of 1858 m~ of gross floor space is permitted with a minimum gross floor area of 232 mZ and a maximum gross floor area of 465 m2 per unit. iii) Notwithstanding Section 19.3 f), the exterior side yard for a building with a total floor area less than 500 mZ shall be a minimum of 5 metres. iv) Outdoor storage is prohibited. e. Regulations for Drive-Through Facilities Where adrive-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 fromthe 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 adrive-through facility associated with a credit union is 24 metres." 2. Secticn 20.4 "SPECIAL EXCEPTIONS -SPECIAL PURPOSE COMIviERCIAL {CS) ZONE° is hereby amended by introdricing a new Sub-Section 20.4.15 as follows: "20.4.15 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-15) ZONE Notwithstanding Section 20.1, those lands zoned C5-15 on the Schedules to this By-law shall be used subject to the following definitions and permitted uses: a. Definitions 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. Adrive-through facility may be established in combination with other permitted non-residential uses. 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 assembly hall; ii) a day nursery; iii) an eating establishment; iv) an eating establishment-take-out; v) an eating establishment with adrive-through facility; vi) a hotel; vii) a retail commercial establishment; viii) a place of entertainment; ix) a place of worship; x) a private club; xi) a tavern; and xii) offices, located on a second floor only, unless directly related to the primary use(s) of the ground floor. d. Regulations for Non-Residential Uses i) No building may be used on any one or more portions of the lands zoned (C5-15) for the purposes of one or more of the permitted non-residential uses listed in Section 20.4.15 of the By-law unless a building permit. has been issued for a hotel and the Chief Building Official has approved the completed foundation. ii) Any hotel must contain a minimum of 85 guest rooms available to members of the travelling public. iii) A maximum total floor area of 1,115 m2 shall be permitted for retail commercial establishment uses. iv) The minimum floor area of a retail commercial establishment shall be 232 mz. v) No outdoor storage is permitted. e. Regulations for Drive-Through Facilities Where adrive-through facility is permitted, the following requirements shall apply: 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 intertere with the use of any parking space required to 6e provided on the lot on which the drive-through facility':s located. iii) No portion of the stacking lane shall be located between a building and a street line." 3. Section 5.2 "SPECIAL EXCEPTIONS -ENVIRONMENTAL PROTECTION (EP) ZONE" is hereby amended by introducing a new Sub-Section 5.2.16 as follows: "5.2. io ENVIRONMENTAL PROTECTION EXCEPTION (EP-16) ZONE Those lands zoned EP-16 on the Schedules to this By-law may be used as a public park or public open space, and notwithstanding Section 5.1, may. be used for a private landscaped open space area containing only walking trails, gardens and outdoor fitness equipment and play areas accessory to permitted uses in the C5-16 zone. 4. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Environmental Protection Exception (EP-2j Zone" to "Special Purpose Commercial (C5) Zone' ; "Special Purpose Commercial (C5) Zone" to "Holding - Special Purpose Commercial Exception ((H)C5-14) Zone"; "Special Purpose Commercial (C5) Zone" to "Environmental Protection (EP) Zone"; "Holding -Special Purpose Commercial ((H)C5) Zone" to "Holding -Special Purpose Commercial Exception ((H)C5-14) Zene"; "Environmental Protection Exception (EP-2) Zone" to "Holding -Special Purpose Commercial Exception ((H)CS-14) Zone'; "Environmental Protection (EP) Zone° to "Holding -Special Purpose Commercial Exception (CS-15) Zone" "Emvironmental Protection Exception (EP-2) Zone" to "Hclding -Special Purpose Commercial Exception ((H)CS-i5) 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. 6. Schedule "A" attached hereto shall form part of this By-Law. 7. 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 f rst 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 "A°' to By-law 2008- , passed this day of , 2008 A.D.