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HomeMy WebLinkAbout2009-019THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009-019 being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington and to repeal By-law 2009-003 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 ZBA 2008-0025 and ZBA 2008-0026 to permit office floor space on the ground floor in addition to permitted Special Purpose Commercial (C5) Zone uses, and to reduce the building setbacks and loading space requirements with respect to the proposed development of two commercial buildings with underground parking; 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 20.4.16 as follows: "20.4.16 SPECIAL PURPOSE COMMERCIAL EXCEPTION (C5-16 ZONE Notwithstanding Sections 3.13, 19.3 d. and f. and 20.1 those lands zoned C5-16 on the Schedules to this By-law may, in addition to the uses listed in Section 19.1 b. i) to xvii) and xix), be used subject to the following zone regulations: a. Residential Uses Prohibited b. Non-Residential Uses Offices c. Regulations for Non-Residential Uses i) Front Yard (minimum) 3 metres (maximum) 6 metres ii) Exterior Side Yard (minimum) 6 metres (maximum) 10 metres iii) One loading space of 7.5 metres x 3.0 metres will be provided for a building floor area not exceeding 1860 m2 iv) No drive-through is permitted for an eating establishment 2. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Special Purpose Commercial (C5) Zone" to "Special Purpose Commercial Exception (C5-16) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. By-law 2009-003 is hereby repealed. 5. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 24, 34 and 36 of the Planning Act, R.S.O. 1990. BY-LAW read a first time this 9th day of February, 2009 BY-LAW read a second time this 9th day of February, 2009 BY-LAW read a third time and finally passed this 9th day of February, 2009 /"_ - sera y, Mayor ~ _ _- -__ _ __ ~ __ ~ _ ~ __ ~ ~ _ ' ~ __- Pat i L ar ' ,Municipal Clerk-= . - _ This is Schedule "A" to By-law 2009- 0~9 , passed this 9th day of February , 2009 A.D. Q ' (~ W eV V r t g~ y ~ ~ B m ~ ail B B I SPICER SQUARE SPICER SQUARE ® Zoning Change From "C5" To "C5-16" ;~ - ~-_-.~ t,2.u -- ,li Aber y, Mayor P tti Bar'e,,Murtie~p;'_Clerk - - ~ N9J[L/N[ _ PARK Z~~~~ 3 I BASEL/NE u JOHN k SC01T z A'JE. CEN/RE / ~ A'ILLBIIRN pRN~ ~ 1 B4SEL.NE gOAp bA5El1NE ROAD WES BASELINE _ o ROAD W°S n 1 1 SPICER SQOA3E ~ 1 _ ~ /NBOOR SOCCER, ~ SRCE UCROSSE BONY ANO COIdMUNOY PAFH I OF HER~~S HIGHWAY ~ ~ I I i ao~ ~~' w~ P~ ~I N~~ RoNO ,, E sE~,~ so~~ ~~ Bowmanvi Ile zaA zoos-oozsioozs