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HomeMy WebLinkAboutPSD-077-08 Addendum 2~~ w~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTIEE / Q Date: Monday, Deoember 1, 2008 -~Sp'u1~0~ Ej~A~b I "~~ Addendum 2 to Report #: PSD-077-08 File #: COPA 2005-0010 and By-law #: ZBA 2005-0058 Subject: APPLICATIQNS 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 gra ted to provide for a private open space area within the valley lands on an area o~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 Council's decision. Submitted by: Reviewed by:~~~ David J. rome, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer DJ/COS/sh November 20. 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: Addendum 2 to Report PSD-077-08 PAGE 3 1.0 BACKGROUND 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 Committee expressed concern that Staff's 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 Ontario 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`~ 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 far 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 for Non-Residential Uses) as follows: "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". 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 completing 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 hash proposed a hotel from the commencement of the application and it is one of thelfew 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 P5D-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 Robert DeGasperis, Metrus Properties Inc. Catherine Spears, Catherine Spears & Associates Inc. Edgar Lucas, Bowmanville Business Improvement Area Beth Kelly, Valiant Property Management 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: 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 ® ® •. •. ® ® ® ~ ~ SPECIAL i ® ^ POLICY ~ ~ AREA E ~ ® ^ ~ ^ ~ 'auuu~ ® ® ® ® i® ~ ® ~ ® i Z Change From "Environmental Protection ® t Area" To "Highway Commercial" o ® ® BASELINE ROAD S I OHWAY 401 j '~ ~ 6 e a4 bi1~0 ~g~i ~ ~ .,b~nf; ~ 1 gg ~ ~ Q SPECIAL" oQ.g4`°'~~ abg~. 0 ~G7~~ ~~ s. b~~ POLICY~'~~o~` `~ .~ `~G`ur,° o ' `AREA C ka~~ ~ s~ ~6A°~~~~? _ ,.~, 'L i 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: 1. That Amendment No. 54 to the Clarington Official Plan, being the attached Explanatory Text, is hereby adapted; 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 Abernethy, Mayor Patti L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2008- Attachment 2 Addendum 2 To Report PSD-077-08 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 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 (CS) 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. 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 Prohibded 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 on November 10, 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, located on a second floor only, unless directly related to the primary use(s) of the ground floor. xvi) notwithstanding subsection xv) business and professional offces are permitted on the ground floor provided the cumulative floor space does not exceed 232 mZ. Regulations for Non-Residential Uses i) The minimum floor area for a retail commercial establishment shall be greater than 465 mZ. 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 mz per unit. iii) Notwithstanding Section 19.3 f), the exterior side yard for a building with a total floor area less than 500 m2 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 from the limit of a public street. ii) No part of a stacking lane shat) 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. Section 20.4 "SPECIAL EXCEPTIONS -SPECIAL PURPOSE COMMERCIAL (CS) ZONE" is hereby amended by introducing 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 e. 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. 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 mZ shall be permitted for retail commercial establishment uses. iv) The minimum floor area of a retail commercial establishment shall be 232 m2. v) No outdoor storage is permitted. 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 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." 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 (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) 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 (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. 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 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 "A" to By-law 2008- , passed this .day of , 2008 A.D. ~L\ ~~Igl~ _ ~~ ® EIASELINE ROAD WEST - - S ` `- v ~! a ~ ~p~p vv vvvvvv ~_ ~~` r' ~ v vvvv O •\ ~~I v vvvv v ~;'~_ ~E ~~~~ v vvvv g -- ~v i f _ _v q ~ -~ ~ . I ~ `~ ' - ~I.s~- _\\. ~ - _ f ~ ~~' 0 0 .. A~ IIIF ~ ~\,~~~ __- ...- ~ ~-_ ~ - -~ ~~ _~_~~_ wcnwnr +o~ ~~~~ ~~ _~ ~ oe nER ~ - _~ // Zoning to Remain"EP" ® Zoning Change From "EP-2" To "EP" Zoning Change From "C5" To "EP" Zoning Change From "EP" To "(H)EP-16" ®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 Jim Abernethy, Moyor ZBA 2005-058 Patti L. Barrie, Municipal Clerk Claringron Leading the Way Attachment 3 Addendum 2 To UNFINI_ Report PSD-077-08 REP®RT PLANNING sFRVir_~c Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday,November3,2008 Addendum to Report #: PSD-077-08 File #: COPA 2005-0010 and By-la~rr #: ZBA 2005-0058 Subject: APPLICATIONS TO AMEND. THE CLARINGTON OFFICIAL PLAN AND ZONING BY-EARN BY BOWMANVILLE CREEK DEVELOPMENTS INC. TO PERMIT A WICEP. RANGE OF ~OMMERCiAL USES RECOMMENDATIONS: It is respectfully recommended that the General. Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-077-08 be lifted from the table; 2. THAT Addendum to Report PSD-077-08 and Report PSD-077-08 be received; 3. THAT Official Plan Rmendment 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 to 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 PSD-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)C5-14 within 10 years of the zoning coming into effect; 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 (R)EP-16 for nominal consideration if 6 years (or other timeframe determined by the Committee) following the date when the zoning by-!aw comes into affect 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; 1701 ADDENDUM TO REPORT NO.: PSD-077-08 PAGE 2 8. THAT a copy of the Addendum to PSD-077-08 and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and 9. THAT all irtersted patties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: ~t~t_S~:_.J Dav d rome, M.C.I.P., R.P.P. Fr nklin Wu Director, Planning Services Chief Administrative Officer DJ/COS/sh October 29, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 1702 ADDENDUM TO REPORT NO.: PSD-077-08 Par,F 1.0 BACKGROUND 1.1 On April 1, 2008, staff received revised official plan amendment and rezoning applica±ions 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. Incorporate the proposed redefinition of the floodplain in accordance with an approved environmental impact study prepared for the subject lands, which was previously proposed through the zoning application ZBA 2003-037. Allow private open space amenity space associated with the hotel and fitness centre in the valleyland. 1.2 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). The report was referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding information and agency comments. 1.3 Staff submitted a recommendation report -PSD-077-08 (Attachment 3) to the General Purpose and Administration Committee on July 7, 2008. At the meeting the Committee heard to following delegations: Glenn Genge of D.G. Biddle Associates addressed the Committee on behalf of the. applicant regarding the report and indicated that the application is required to allow for better flexibility to attract other commercial uses. He informed the Committee the open space land may. be used for a fitness trail or provide an area for wedding photographs. He requested that the maximum term in which the hotel must be constructed be extended to ten years rather than six years (as recommended by Staff) and mentioned that his client is anxious to proceed. Beth Kelly of Valiant Property .Management ("Valiant") addressed the Committee and stated that she has an issue with a financial institution being approved for this site since it is not allowed in the Bowmanville West Town Centre area as result-requested of the Commercial Policy Review. They would like to have a Credit Union on their site. 1.4 After further deliberation, the Committee recommended that the recommendations contained in Report PSD-077-08 be approved with the following changes: That an exception to the Municipality's policy and practice be granted to provide for a private open space area with the valley lands provided that a hotel greater than 1DD rooms is constructed on site within three years of the zoning approval; that prior to adopting the proposed amendments arrangements be made to the satisfaction of the Municipality's solicitor for the transfer of the private open space to the Municipality after 3 years if a hotel is not constructed; • That the provision for a fitness center be removed. ADDENDUM TO REPORT NO.: PSD-077-08 PAGE 4 1.5 The Committee's recommendation was tabled by Council at its meeting on July 14, 2008 to the September 22, 2008 General Purpose and Administration Committee. The report has been delayed to allow for ongoing discussions. 1.6 Staff -met with the proponent several times to discuss the conditions pertaining to proposed terms and timeframe for the construction of the hotel and the exclusion of the fitness centre use from the list of permitted uses, and the format of the proposed Official Plan Amendment and site-specific Zoning By-law. While many of the issues have been resolved, there has been no agreement on the matter of the private open space. 2.0 DISCUSSION 2.1 Private Open Space Amenity Area The Bowmanville Creek Developments representatives have a number of concerns regarding the arrangements regarding the private open space: i) The proponent's understanding was that the private open space would remain in their ownership While staff have been supportive of a concept that some of the valleylands could be used in association with a hotel in particular and that there could be a positive relationship with the Valleys 2000 plan, the issue of ownership of these lands was .not discussed explicitly until earlier. this year. Staff had been assuming alease-back arrangement; the proponent had assumed retaining ownership. The proposed arrangements were a compromise that was designed to encourage the hotel development. ii) The proponent's do not believe the a three year timeframe to attract a hotel is reasonable, particularly given the current economic situation Staff had recommended that the proponent should be given up to 6 years to attract and construct a hotel project on this site. This was subsequently reduced to 3 years by the General Purpose and Administration Committee. The proponent's agent originally suggested that the 6 year time period be extended to 10 years but they prefer that there be no restriction in this regard. In light of the current economic circumstances, staff believe that at least a 6 year period is required to allow time for the developer to find a hotel tenant and construct the project. Perhaps it should be longer but Council could reconsider an extension in the future if the developer has secured a tenant but not completed the development process. It should be noted that the timeframe is based on "completion of construction" so this assumes approximately a 2 to 3 year lead time for completing a lease or purchase arrangement, undertaking design and construction drawings, getting site plan and building permit approval, tendering and construction. ADDENDUM TO REPORT NO.: PSD-077-08 PAGE 5 iii) The proponents wish to see the conditions for retaining the open space apply to other uses besides the hotel There are other uses such as a day care or fitness club that could take advantage of the valley edge location and would have the opportunity to develop private open space facilities. As a result, the proponent would like the proposed condition apply to uses other than a hotel. While staff understand that other uses may take advantage of the valley edge, the variance from the normal process of dedicating valleylands was specifically recommended in this instance as an incentive fora hotel to locate in this location. Furthermore the unique circumstances with the wide floodplain and lack of natural features immediately adjacent the subject lands provide this opportunity. To allow this to apply to other uses effectively provides an unfair advantage over other commercial sites. If a day care or fitness centre were to lease facilities on the proponents lands, while they remain. as private open space, and in the event that a hotel is not constructed on the site there would be the opportunity to consider lease-back arrangements after the lands were transferred. The attached Official Plan and Zoning By-law amendments include provision fora 6 year timeframe for completion of development. Committee should provide direction on this matter in light of the previous resolution. Council may wish to extend it longer than 6 years considering the economic times. However, if 3 years is retained; it would be very difficult for the developer to meet this timeframe and the site may develop without a hotel 2.2 Broadening of Retail Formats and Uses The proponents have had a number of concerns about the proposed amendment to the Official Plan and Zoning By-law as contained in PSD-077-08. The essence of their concerns has been to have some additional flexibility in uses, store sizes and retail and service space. Highway Commercial Areas generally consist of larger parcels designed to accommodate larger-format types of commercial uses, which typically included home improvement stores, motor vehicle 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. The subject lands were examined as part of the Commercial Policy Review by urbanMetrics Inc., the Municipality's retail market consultant. In evaluating retail development potential for various commercial sites the analyst made a number of assumptions based on the proponent's plans at the time. It included the mix of retail and service space for this site. The assumptions provided for a home improvement store up to 76,400 sq. ft. in the initial phase, 65,000 sq. ft. of Department Store Type Merchandise (DSTM) retail space and 95,000 sq. ft of other retail and "other" space. This last category includes .restaurants and other service space (such as fitness clubs). ADDENDUM TO REPORT NO.: PSD-077-08 PAGE 6 The primary concerns have been addressed as follows: i) The proposed by-law deleted a number of uses that were included in the existing C5 zone There were a number of store types that are listed in the uses permitted in the C5 zone that did not appear in the proposed special condition. It was clarified with the applicant that while the original zone had listed uses like furniture and major appliance stores, the new zoning provisions lumped those stores together under the terms medium-format retail store (stores greater than 10,000 sq. ft and less than 27,000. sq. ft.) and retail commercial establishments (smaller stores). However, there were other uses that were not retained. The revised by-law attached has restored 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). Certain uses, in particular those with an outdoor storage component, such as an automotive dealership or a recreational vehicle sales and service establishment remain deleted as they are not consistent with the form of development approved to date. ii) The proposed by-law was not flexible to adjust to various leasing scenarios The proponent made an application for a number of categories of retail store sizes to be considered (2,500-5,000 sq. ft.; 5,000-10,000 sq. ft. and greater than 10,000 sq. ft.). These retail space sizes were placed in the original by-law but in consideration that there needs to be flexibility in marketing, the revised by-law only places limits on stores less than 5,000 sq. ft. With the exception of department stores and grocery stores, it is the smaller stores that could deviate from planned function of the Highway .Commercial Areas. However even the existing by-law recognizes that some smaller stores would locate on C5 lands. The proposed by-law limits smaller stores between 2,500 and 5,000 sq. ft. to a maximum of 32,000 sq: ft. iii) The proposed by-law had a cap on total retail space permitted The proponents were concerned about the retail limit placed on the property. As noted, the market research for the Commercial Policy Review made a number of assumptions based on the proposal and the analysts professional experience with regard to the split of this space into various types of retail floor space and service floor space. Additionally, in this case, there was the .assumption that a hotel would be part of this site development. In reviewing the matter further, staff determined that it was not necessary to provide a limit specifically on "retail" space; the split between retail space and service and other spaces needed to be flexible in terms of attracting tenants to this site. At any given time the total retail space may be more or less than assumed in the market studies. From this perspective, this site is treated similar to the sites in the Bowmanville West Town Centre. Furthermore, personal service space (dry cleaners, barber, travel agent, etc.) is not permitted and thus the majority of the service space will be restaurants or uses that would fall in the category of an assembly hall, a place of entertainment and a hotel. ADDENDUM TO REPORT NO.: PSD-077-08 PAGE 7 2.3 Financiallnstitutions Although the revised Highway Commercial Area policies specifically do not permit banks, the applicant applied to permit a credit union with adrive-through 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 full-service banks in the Bowmanville West Town Centre to two. Valiant noted that they would also like zoning permission for a credit union. Staff supported a credit union on the subject lands for the reasons outlined in Report PSD- 077-08. The zoning only allows a credit union that is not operating in Bowmanville at the current time. A similar argument could be made for financial institutions in the Bowmanville West Town Centre, with due consideration of our broader commercial objectives. 2.4 The Fitness Centre The Committee resolution indicated that a fitness centre should be removed. It is staffs understanding that the Committee did not intend to remove this as a permitted use. Rather the intent was to avoid the possibility of the private open space being retained for the fitness centre and in the absence of a hotel. The fitness centre use has been retained in the revised by-law. 2.5 Minor revisions to the proposed Zoning By-law and Official Plan policies In addition to the items referenced above, revisions where made to the proposed. Zoning By-law to clearly differentiate between the eastern and western parts of the property into two zones. Additionally, the revised by-law provides for a reduction in the number of guest rooms from 100 to 85 which is consistent with the Development Charges incentive. A number of minor wording changes have been made in the proposed Official Plan and Zoning 6y-law Amendment attached to this Addendum. 3.0 CONCLUSIONS 3.1 It is recommended that the attached revised official Plan Amendment 54 and revised Zoning By-law Amendment be approved. Staff have restored the 6 year timeframe for the completion of hotel construction in the attachments but Committee should insert the number of years in Recommendation 5. If 3 years is retained, it would be very difficult for the developer to meet this target, particularly in light of the economic circumstances. The site may then develop without a hotel use. Attachments: Attachment 1 -Amendment 54 to the Clarington Official Plan and By-law Attachment 2 -Zoning By-law Amendment Attachment 3 -Report PSD-077-08 ADDENDUM TO REPORT NO.: PSD-077-08 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 lnc. Catherine Spears, Catherine Spears & Associates Inc. Edgar Lucas, Bowmanville Business Improvement Area Beth Kelly, Valiant Property Management PAGE 8 Attachment 1 To Addendum to Report 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 ® ® ~ a® Z I:C~ S Change From "Environmental Protection Area" To "Highway Commercial" O o ~~pt N, ~~~~ ~~ ° ~` ° SPECIAL .,~,°t'r. POLICYc ~ ^~ ~~ .f AREA C ` °n o d A,~ ~ SPECIAL s ^ POLICY ~ ~ AREA E ~ ^ ~ ^ ~ ~auu~d ® ~, ~ ~' BASELINE ROAD _uwnY 401 ®~ LAKE ONTARIO THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW No. 20D8- 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 Offcial Plans and Amendments thereto; AND WHEREAS the Council of the Corporaticn of the A4unicipaliry of Claris:gton 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 to Report PSD-D77-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- 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 843, 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 Acf, 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 8E 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 (CS-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 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 on November 10, 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, 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) The minimum floor area for a retail commercial establishment shall be greater than 465 mz. 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 par 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 VJhere 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 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 adrive-through facility associated with a credit union is 24 metres." 2. Section 20.4 "SPECIAL EXCEPTIONS -SPECIAL PURPOSE COMMERCIAL (C5) ZCNE" is hereby amended by introducing 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 containing a minimum of 85 guest rooms available to members of the [ravelling public; 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) A maximum total floor area of 1,115 mZ shall be permitted for retail commercial establishment uses. ii) The minimum floor area of a retail commercial establishment shall be 232 mZ. iii) Outdoor storage is provided. 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 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 Ict 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." 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 Commercia! (C5) Zcn~' tc ' ~Hclding - Spe~,a! 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) Zone"; "Environmental Protection Exception (EP-2) Zone" to "Holding -Special Purpose Commercial Exception ((H)C5-14) Zona"; "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 Erception (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. i3. 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 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 `phis IS ~Chedllie ®e Aa® / 1 ~® ~y-ia~- Z®®8° passed this d a y of , , 20®8 A.D. 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-Z" 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-Z" 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 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Clarington Leadiag the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, July 7, 2008 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 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: Reviewed by: Da i . Crome, M.C.I.P., R.P.P. Director, Planning Services RH/COS/df/sn July D2, 2008 Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 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 ft2} 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 corner 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 clamcation 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 floorspace 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 floorspace, 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 ftZ, 5,000 ft2, and 2,500 ftZ ranges to permit greater leasing flexibility. Again, the applicant would be permitted the greater flexibility up to the 65,000 ~ 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 floorspace 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: Open space lands associated with the Bowmanville Creek North: Urban residential, RONA, and open space lands West: Shell gas station and Bowmanville Auto Mall South: Highway 401 5.0 PROVINCIAL POLICY 5.1 Provincial Policy 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 Regional 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 Clarington 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 Broadening of Retail Formats and Uses 9.2.1 Commercial Policy Review The subject lands were examined as part of the Commercial Policy Review by urbanMetrics 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 mz (65,000 ftZ) 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 ftZ) and a maximum of 2,500 m2 (26,900 ftZ) for the following reasons. • Given the existing property fabric, there is very little opportunity fora 929 m2 (10,000 ftZ) 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 ufian 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 ftZ of space for stores between 5,000 ftZ and 10,000 ftZ. • Up to 15,000 ftZ of space for stores between 2,000 ftZ and 5,000 ftZ. 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 onlyy 15,000 ft. Z out of the total project of over 200,000 ftZ, of which 144,000 ft` 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 ftZ and even fewer over 5,000 ftZ in size. It is staffs 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 Financiallnstitutions 9.3.1 Although the revised Highway Commercial Area policies specifically do not permit banks, the applicant applied to permit credit union with adrive-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 adrive-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 Addressing 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 mZ (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 ftz 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 anrF ~~ 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 Ooen 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 Attachment) To Report PSD-077-08 Attachment 2 To Report PSD-077-08 /~ r_ a irf ~ ~ ~ .F '$5i~ 5 ~~7 ~ rritr. ~ i 5 ~~ 4 fS t izG~~r ~" I ~ ~r ~ :~ 5 ' t'H A ~~ 3 ~ ~ t ~ `_u rr± 1 f k~ ti ~ ~s ~~ / . ~~ ss~~ =r A' ~ ~ ~ a e :: 1 1~t •gA )y ~ .. 9i `r k~. - _'_ i .. '~i ~ _4 - -----~ =- ~F ~g ~¢~~ 9FFY Attachment3 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, tieing 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 AMENDMENT NO. 54 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: 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 mz, one financial institution, and private open space amenity area. BASIS: The application is based on an Official Plan Amendment application (COPA 2005-0010) submitted by Bowmanville Creek Developments Ina ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows: 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 3,700mz of gross floor space for medium format retail uses with a floor space between 929 mZ and a maximum gross floor area of 2,500 mZ per unit; ii) a maximum of 1,900 m2 of gross floor space for stores with a gross floor area between 465 mZ 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 mz and 465 mZ per unit; b) one credit union not present in the Bowmanville Urban Area prior to July 14, 2008; and c) private open space amenity area for use in conjunction with a hotel containing at least 100 rooms constructed prior to December 31, 2014". 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 I Official Plan, Map A3, Land Use, Bowmanville Urban Area ~ ~i~ 7~ .~~ i~ ., ® ®® : ••.. ® g ® ~ SPECIAL i ® ^ POLICY ~ ® ~ AREA E ~ ^ ~ ^ ~ ® ~au~ud ® ® ® ~® j® ® i °a z z Change From "Environmental Protection Area" To "Highway Commercial" BASELINE ROAD S HWAY 407 i Y6jQ 0 } G b~Y s ~tQu M ~ ~~~ N: ~~~ ° SPECIAL ~J`~ seq. =POLICY ~ ~a.', AREA C ~4 ~, LAKE ONTARIO Attachment 4 To Report PSD-077-08 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2008- being a By-Law to amend ey-Law 843, 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 (CS-14) ZONE Notwithstanding Section 20.1, those lands zoned CS-14 on the Schedules to this ey-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. Adrive-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 shalt 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 mZ and a maximum floor area of 2,500 m2, 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 fumiture, 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 goads and related cothing 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 adrive-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 furniture 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; x) a tavern; and xii) a veterinarian. d. Regulations for Non-Residential Uses i) A combined maximum of 6,050 m2 of total floor area shall be permitted for non-residential uses contained in Section 20.4.14 (c) vii and in Section 20.4.14 (c) viii. ii) A maximum total floor area of 3,716 mz is permitted for medium format stores. iii) For retail commercial establishments a maximum total floor area of 1,858 mZ is permitted for stores containing between a minimum gross Floor area of 465 mZ and a maximum gross floor area of 929 mZ per unit,. iv) For retail commercial establishments a maximum of 1,40D mZ is permitted for stores containing a minimum gross floor area of 232 m and a maximum gross floor area of 465 m2 per unit. v) With the exception of food sold in an eating establishment, the sale of food and supermarket items are not permitted within non-residential uses contained in Section 20.4.14 (c) viii. vi) Notwithstanding Section 19.3 (f), where a building has a total floor area less than 500 mZ or abuts an EP zone, the exterior side yard setback of such a building shall be a minimum of 5 metres. 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 fhe Ict 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 fhe 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. 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 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 landscaped open space amenity area containing walking trails, gardens and outdoor ftness 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 (CS-14) Zone"; "Special Purpose Commercial (CS) 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) Zane" to "Special Purpose Commercial Exception (C5-14) Zone" "Environmental Protection Exception (EP-2) Zone" to "Special Purpose Commercial Excepticn (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 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 By-Law read a second time this By-Law read a third time and finally passed this day of 2008 day of 2008 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. Zoning to Remain"EP" ® Zoning Change From "EP-2" To "EP" ~~ Zoning Change From "C5" To "EP" ®Zoning Change From "EP" To "(H)EP-16" ®Zoning Change From "EP-2' To 'C5" Zoning Change From "EP-2" To " C5-14" ®Zoning Change From "EP" To "(H)C5-14" ®Zoning Change From "C5" To "C5-14" ®Zoning Change From "(H)C5" To "C5-14" Jim Abernethy, Mayor BOWMANVILLE Potti L. Barrie, Municipal Clerk