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Home My WebLink About2010-089THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-089 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 Municipality of Clarington for ZBA 2006-0023; 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. 70 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 21.4 "SPECIAL EXCEPTIONS -SERVICE STATION COMMERCIAL (C6) ZONE" is hereby amended by introducing a new Sub-Section 21.4.12 as follows: "21.4.12 SERVICE STATION COMMERCIAL EXCEPTION (C6-12) ZONE Notwithstanding Sections 3.1 i., 3.13 c., 3.16 i. i), 21.1, 21.2, and 21.3, those lands zoned C6-12 on the Schedules to this By-law shall be used subject to the following definitions and permitted uses: a. Definitions Convenience Store Floor Area: shall mean the total floor area of the convenience store, excluding storage area, office and mechanical room not accessible to the public, and washrooms. 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 automatic 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. Motor Vehicle Fuel Bar: shall mean an establishment for dispensing fuel to motor vehicles that consists of fuel pumps, and a convenience store which may include the sale of motor vehicle accessories and fluids. Motor Vehicle Wash: shall mean an establishment where mechanical equipment is used for the washing of motor vehicles. A motor vehicle wash shall have water and sanitary sewer and sanitary sewer services provided by a public authority. 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) eating establishment; iii) eating establishment with adrive-through facility; ii) motor vehicle fuel bar; iii) motor vehicle wash with adrive-through facility. d. Regulations for Non-Residential Uses Lot Area (minimum) for an eating establishment with adrive-through facility 3000 m2 Floor area (maximum) iv) v) vi ) (a) convenience store 100 m2 (b) eating establishment 225 mZ (c) motor vehicle wash 175 m2 Lot Coverage of All Buildings (maximum) 8% Landscaped Open Space (minimum) 23% (a) part of the landscaped open space shall comprise of a minimum 3.0 metre wide landscape strip along the front lot line and the exterior side lot line, except for areas required for vehicular or pedestrian access. Building Height (minimum) Yard Requirements 5 metres (a) Front yard (i) eating establishment and eating establishment with adrive-through facility (maximum) 23 metres (ii) convenience store (minimum) 75 metres (ii) motor vehicle wash (minimum) 85 metres (iv) for fuel pump islands and other buildings or structures associated with a service station (minimum) 100 metres (b) Exterior side yard (i) eating establishment and eating establishment with adrive-through facility (maximum) 4.5 metres (minimum) 3 meters (ii) convenience store (maximum) 23 metres (minimum) 3 meters (iii) for fuel pump islands and other buildings or structures associated with service station (minimum) 18 metres (iv) motor vehicle wash (minimum) 60 meters (v) the area associated with the outside display of any automotive accessories, antifreeze and additives shall be confined to the area covered by the fuel pump canopy and the area immediately north of the convenience store (c) Interior side yard (minimum) 3 metres (d) Rear yard (minimum) 20 metres vii) Garbage facilities shall be fully enclosed within a roofed structure and outdoor storage is prohibited. viii) One loading space of 3 m x 7.5 m shall be provided for the convenience store. ix) Regulations for Drive-Through Facilities Where adrive-through facility is permitted, the following requirements shall apply: (a) A stacking lane shall have a minimum length of 114 metres for a drive-through facility associated with an eating establishment, and a minimum length of 72 m for a motor vehicle wash with adrive- through facility; (b) A stacking lane shall have 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. (c) 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. (d) No portion of the stacking lane shall be located between a building and a street line. (e) A 1.5 metres wide direct pedestrian walkway to the entrance of the eating establishment which does not intersect with or cross the stacking lane shall be provided and maintained on the lot from the Regional Road 57 street frontage. x) Bulk Fuel Storage Tank Location Bulk fuel storage tanks shall be installed in accordance with the provisions of the Provincial Gasoline Handling Act. Bulk fuel storage tanks shall be located below grade in an area that does not impede or interfere with the use of any designated parking spaces associated with the use of the service station. e. Holding Zone In addition to Section 3.11, where the zone symbol shown on a Schedule to this By-law is preceded by the letter (H), the use of the lands shall be limited to an existing home sales office compound. The (H) Holding symbol shall be removed upon the execution of a Section 41(7) Site Plan Agreement securing conditions of approval in respect of the following matters: i) That the on-site traffic routes, access points, parking and maneuvering space be configured to the satisfaction of the Director of Engineering Services and the Director of Planning Services; ii) That the buildings be designed for visual prominence, incorporating architectural design features, height and massing that complement the corner site and that contain elements such as horizontal and vertical articulation, coordinated materials, articulated roofing and prominent entrance features iii) That the owner agrees to enter into an agreement with the adjacent land owner to share a single right-in right-out only access on Regional Road 57 and that the required cross access easements will be secured at such time as the owner of the adjacent property develop their lands in such a manner as to require a shared entrance on Regional Road 57; iv) That the owner agrees to enter into an agreement with the adjacent land owner to share an internal driveway which straddles the common boundary between the commercial site and the GO Station site, and that the required cross access easements be secured at such time as the owner of the adjacent property develop their lands in such a manner as to require a shared internal driveway from Regional Road 57; v) That the owner agrees that, at such time as the owner of the adjacent property develop their lands in such a manner as to require a shared entrance off Regional Road 57 and a shared internal driveway on the common property boundary, the temporary entrance will be relocated in accordance with all requirements and specifications of the Durham Region Public Works Department and the Municipality of Clarington. vi) That the owner provides the necessary financial guarantees to the satisfaction of the Regional Works Department and the Director of Engineering Services of the Municipality of Clarington for the signalization of the Aspen Springs Drive/Regional Road 57 intersection and for the improvements to the intersection in accordance with the recommendations of the traffic impact study dated December 2006, prepared by TSH." 2. The map contained in Schedule "3" of By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding -Urban Residential Type One ((H)R1) Zone" to "Holding -Service Station Commercial Exception (C6-12) Zone"; as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-Law. 4. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 24, 34 and 36 of the Planning Act, R.S.O. 1990. By-Law read a first time this 12th day of July, 2010 By-Law read a second time this 12th day of July, 2010 By-Law read a third time and finally passed this 12~' day of July, 2010 Y. Mayor _",_ -_-A- This is Schedule "A" to By-law 2010- 089 , passed this>zch day of July , 2010 A.D. w~9 z~¢ 3~ I a R O C_ N --- I _- ~ , - Aspen Springs Drive ®Zoning Change From "(HJRP' To "(HJC6-12" Ji b ethy, yor Patt~ . Barri unic ipal Clerk o~.~ € ~ a £ e ~ ~ w 6 A«~Ew.~w Ego _. 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