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HomeMy WebLinkAbout2010-130THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW N0.2010-130 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 the policies contained in Amendment No. 57 to the Clarington Official Plan (COPA 2007-0011) to implement the Clarington Technology Business Park and the rezoning application ZBA 2007-0036; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing new subsections 23E, 23F, 23G, and 23H as follows: "SECTION 23E 23E TECHNOLOGY PARK PRESTIGE 1 (MP1) ZONE 23E.1 DEFINITIONS For the purposes of this zone, the following definitions apply: Convention Centre: shall mean an establishment having facilities for meetings, seminars, exhibitions, workshops and other similar activities and may include dining facilities to serve participants but does not include sleeping accommodation. 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 an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. Light Industrial Facility: shall mean an industry which is engaged in assembly, manufacturing, fabricating or processing activities within a wholly enclosed building that are not offensive or not likely to be offensive by reason of the amount of noise, smoke, odour, emissions, or vibration produced therein, but excludes a recycling facility, a waste management or processing facility or a waste incineration facility. Research and Development Facility: shall mean an establishment used for the purpose of conducting pure and applied research and experimentation and includes such facilities as administrative offices, laboratories, lecture rooms, display rooms, pilot units, simulating equipment and the like and service and machine shops to serve the research and development facility. University or College Facility: shall mean an institution of higher learning having authority to award bachelors' and higher degrees, certificates or diplomas. 23E.2 PERMITTED USES No person shall within the Technology Park Prestige 1 (MP1) Zone use any land or erect, alter or use any building or structure except as specified hereunder: i) business or administrative office; ii) commercial school; iii) convention centre; iv) factory outlet; v) hotel; vi) light industrial facility; vii) research and development facility; viii) university or college facility; ix) the following uses are permitted as ancillary uses to all of the permitted uses, but does not include adrive-through facility: a) financial office; b) eating establishment; c) printing or publishing establishment; and d) fitness centre. 23E.3 REGULATIONS a Lot Area (minimum) 1 hectare b. c. d. e. f. g~ Lot Frontage (minimum) Yard Requirements (minimum): 100 meters i) For lots fronting onto Discovery Drive (a future public street), Bennett Road or Lambs Road Front Yard 30 meters Exterior Side Yard 30 meters Interior Side Yard 6 meters ii) For lots fronting onto other roads Front Yard 8 meters Exterior Side Yard 8 meters Interior Side Yard 6 meters With the exception where the side yard abuts Highway 401 24 meters iii) Rear Yard 10 meters With the exception where the rear yard abuts Highway 401 24 meters Lot Coverage (maximum) 50% Building Height (minimum) 9 meters Landscape Open Space (minimum) 40% Landscaping Strip Width Requirements (minimum) i) For lots fronting onto Discovery Drive (a future public street), Bennett Road or Lambs Road Front and exterior side yard 10 meters Rear and interior side yard 4 meters ii) For lots fronting onto other roads Front, rear, exterior and interior side yards 4 meters h. No outside storage or outside garbage facilities shall be permitted. Servicing and loading areas shall be located in the rear or interior side yard and shall be screened from view. Servicing and loading areas in an interior side yard shall be set back a minimum of 15 metres from the front of the building. A maximum of 12 parking spaces are permitted within the required front yard or the exterior side yard. 23F TECHNOLOGY PARK PRESTIGE 2 (MP2) ZONE 23F.1 PERMITTED USES No person shall within the Technology Park Prestige 2 (MP2) Zone use any land or erect, alter or use any building or structure except as specified hereunder, as defined in Sections 2 and 23E.1: i) business or administrative office; ii) commercial school; iii) convention centre; iv) factory outlet; v) light industrial facility; vi) research and development facility; vii) university or college facility; viii) the following uses are permitted as ancillary uses to all of the permitted uses, but does not include adrive-through facility: a) financial office; b) eating establishment; c) printing or publishing establishment; and d) fitness centre. 23F.2 REGULATIONS a. Lot Area (minimum) b. Lot Frontage (minimum) c. Yard Requirements (minimum) 8000 m2 80 meters i) For lots fronting onto Discovery Drive or Innovation Drive (future public streets), Baseline Road, Bennett Road, and Lambs Road a) Front Yard 18 meters With the exception that on Esplanade Drive the setback 26 meters b) Exterior Side Yard 18 meters With the exception that on Esplanade Drive the setback 26 meters c) Interior Side Yard 6 meters With the exception that an interior side yard abutting an Environmental Protection Zone or any lands dedicated for publicly owned stormwater retention facilities 3 meters d) Rear Yard 6 meters With the exception that a rear yard abutting Discovery Drive or Innovation Drive (future public streets), Baseline Road, Bennett Road, and Lambs Road 18 meters With the exception that on Esplanade Drive the rear yard setback 26 meters With the exception that a rear yard abutting the MP4 Zone 10 meters With the exception that a rear yard abutting an Environmental Protection Zone or any lands dedicated for publicly owned stormwater retention facilities 3 meters ii) For lots fronting onto other roads (minimum) Front Yard 8 meters Exterior Side Yard 8 meters Interior Side Yard 6 meters Rear Yard 6 meters With the exception that a rear yard abutting the MP4 Zone 10 meters d. Lot Coverage (maximum) 60% e. Building Height (minimum) 9 meters f. Landscape Open Space (minimum) 30% g. Landscaping Strip Width Requirements (minimum) i) For lots fronting onto Discovery Drive, Innovation Drive and Esplanade Drive (future public streets), Baseline road, Bennett Road or Lambs Road Front and exterior 10 meters Rear and interior side yard 3 meters ii) For lots fronting onto other roads Front and exterior side yards 3 meters Interior Side and Rear Yard 2 meters h. No outside storage or outside garbage facilities shall be permitted. i. Servicing and loading areas shall be located in the rear or interior side yard and shall be screened from view. Servicing and loading areas in an interior side yard shall be set back a minimum of 15 metres from the front of the building. j. A maximum of 12 parking spaces are permitted within the required front yard or the exterior side yard." 23G TECHNOLOGY PARK LIGHT INDUSTRIAL (MP3) ZONE 23G.1 PERMITTED USES No person shall within the Technology Park Light Industrial (MP3) Zone use any land or erect, alter or use any building or structure except as specified hereunder, as defined in Sections 2 and 23E.1: i) business or administrative office; ii) commercial school; iii) factory outlet; iv) light industrial facility; v) research and development facility; vi) university or college facility; vii) warehousing within a wholly enclosed building, ancillary to a permitted use. viii) the following uses are permitted as ancillary uses to all of the permitted use, but does not include adrive-through facility: a) financial office; b) eating establishment; and c) printing or publishing establishment. 23G.2 REGULATIONS a. Lot Area (minimum) 4000 m2 b. Lot Frontage (minimum) 50 meters c. Yard Requirements (minimum) i) For lots fronting onto Lambs Road a) Front yard and exterior side yard 18 meters b) Interior Side Yard 4 meters With the exception that an interior side yard abutting an Environmental Protection Zone 3 meters c) Rear Yard 4 meters With the exception that a rear yard abutting Lambs Road 18 meters With the exception that a rear yard abutting the MP4 Zone 10 meters With the exception that a rear yard abutting an Environmental Protection Zone 3 meters ii) For lots fronting onto other roads (minimum) a) Front yard and exterior side yard 6 meters b) Interior Side Yard 4 meters c) Rear Yard 4 meters With the exception that a rear yard abutting the MP4 Zone is 10 meters With the exception that a rear yard abutting the restored portion of the Bennett Creek is 3 meters d. Lot Coverage (maximum) 60% e. Landscape Open Space (minimum) 20% f. Building Height (minimum) 6 meters g. Landscaping Strip Width Requirements (minimum) i) For lots fronting onto Lambs Road a) Front and exterior 10 meters b) Rear and interior side yard 2 meters ii) For lots fronting onto other roads a) Front and exterior side yards 4 meters b) Interior Side and Rear Yard 2 meters h. A maximum of 6 parking spaces are permitted within the required front yard or the exterior side yard. 23G.3 REGULATIONS FOR SERVICING, LOADING AND GARBAGE AREAS Servicing, loading and garbage areas shall be located in the rear or interior side yard and shall be screened from view. Servicing and loading areas in an interior side yard shall be set back a minimum of 15 metres from the front of the building. 23G.4 REGULATIONS FOR OUTSIDE STORAGE a. Outside storage is limited to maximum of 25% of the building area and a maximum of 10% of the lot and it must be screened from public view and adjacent properties. b. Maximum height of outdoor storage area 3 meters c. Outside storage of materials shall be screened from public streets adjoining the lot by a combination of buildings, berms or landscaping. 23H TECHNOLOGY PARK MIXED USE CORRIDOR (MP4) ZONE 23H.1 PERMITTED USES No person shall within the Technology Park Mixed Use (MP4) Zone use any land or erect, alter or use any building or structure except as specified hereunder, as defined in Sections 2 and 23E.1: i) business or administrative office; ii) commercial school; iii) dwelling units existing at the date of passing of this by-law; iv) research and development facility; and v) the following uses are permitted as ancillary uses to all of the permitted non-residential uses, but does not include adrive-through facility: a) financial office; b) eating establishment; c) printing or publishing establishment; d) fitness centre; and e) day care centre. 23H.2 REGULATIONS a. Lot Area (minimum) b. Lot Frontage (minimum) c. Yard Requirements i) Front Yard and Exterior Side Yard ii) Interior Side Yard (minimum) iii) Rear Yard (minimum) With the exception that adjacent to lands designated for publicly owned stormwater retention facilities the setback is d. Lot Coverage (maximum) e. Landscape Open Space (minimum) f. Building Height g. Landscaping Strip Width Requirements (minimum) i) Front Yard and Exterior Side Yard ii) Interior Side Yard and Rear Yard 3000m2 40 meters 4 metres (minimum) to 8 meters (maximum) 2 meters 10 meters 3 meters 60% 20% 2 storeys(minimum) and 3 storeys (maximum) 4 meters 2 meters 23H.3 REGULATIONS FOR SERVICING, LOADING AND GARBAGE AREAS a. Servicing, loading and garbage areas shall be located in the rear or interior side yard and shall be screened from view. Servicing, loading and garbage areas in an interior side yard shall be set back a minimum of 15 metres from the front of the building. 23H.4 REGULATIONS FOR OUTSIDE STORAGE a. No outside storage or outside garbage facilities shall be permitted." Schedule "1" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception 13 (A-13) Zone" to "Holding -Technology Park Mixed Use ((H) MP4) Zone"; "Agricultural Exception (A-1) Zone" to "Holding -Technology Park Mixed Use ((H) MP4) Zone"; "Agricultural Exception (A-1) Zone" to "Holding -Technology Park Prestige Employment 1((H) MP1) Zone"; "Agricultural Exception (A-1) Zone" to "Holding -Technology Park Prestige Employment 2 ((H) MP2) Zone"; "Agricultural Exception (A-1) Zone" to "Environmental Protection Zone"; Light Industrial (M1) Zone" to "Holding -Technology Park Prestige Employment 1((H) MP1) Zone"; "Light Industrial (M1) Zone" to "Environmental Protection Zone"; "General Industrial (M2) Zone" to "Environmental Protection Zone"; General Industrial (M2) Zone" to "Holding -Technology Park Prestige Employment 1((H) MP1) Zone"; "General Industrial (M2) Zone" to "Holding -Technology Park Light Industrial ((H) MP3) Zone"; "General Industrial (M2) Zone" to "Holding -Technology Park Mixed Use ((H) MP4) Zone"; "General Industrial Exception 17 (M2-17) Zone" to "Technology Park Prestige Employment 2 (MP2) Zone"; "Holding -General Industrial Exception 17 ((H) M2-17) Zone" to "Holding - Technology Park Prestige Employment 2 ((H) MP2) Zone"; "Holding -General Industrial Exception 17 ((H) M2-17) Zone" to "Holding - Technology Park Mixed Use ((H) MP4) Zone"; "Holding -General Industrial Exception 17 ((H) M2-17) Zone" to "Environmental Protection Zone"; and "General Industrial Exception 17 (M2-17) Zone" to "Environmental Protection 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 17(2) and 34 (21) of the Planning Act, R.S.O. 1990. BY LAW read a first time this 4th day of October, 2010 BY LAW read a second time this 4th day of October, 2010 BY LAW read a third time and finally passed this 4th day of October, 2010 e, Municipal Clerk This is Schedule "A" to By-law 2010- _ X30 , passed this 4th day of October , 2010 A.D. +++ +++ +++ +++ +++ . DURHAM HIGHWAY 2 •~~.~....... ~a.:K: . ~?:. . t , t.~,~ ~,~ ~:..,.. t':. is _ ''>.1- "~?.~..:''h::rf ~ ~ . . W ~ / ~ U7 ~ W ~ Z 2 ~ - -III _ O vvvv I - ~ Q BASELINE ROAD ~ EAST z z w m ~~~~~~ - 1 I 1=1 ~ I ~~~~~ -LTf--~-III -T 1 I I ~_ ~ ~ ~ ~ - ~ ~ ~ ~ ~ ~ - ~ I-III-I I 1 1T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ HIG HwAY 40 ~ BOWMANV/LL Zoning Change: ~ From "A-1" To "(H)MP1" Q From "A-1" To "EP" ®From "M1" To "(H)MP1" Q From "M1" To "EP" ®From "M2" To "(H)MP1" ~ From "M2" To "EP" ®From "A-1" To "(H)MP2" owl From "(H)M2-17" To "EP" ®From "(H)M2-17" To "(H)MP2" ®From "M2-17" To "EP" ~ From "M2-17" To "MP2" ®From "M2" To "(H)MP3" ~ ~ ~ From "A-1" To "(H)MP4" From "A-13" To (H)MP4" Char e Tim, Depu Mayor ~ From "M2" To "(H)MP4" ~~~=~~~~~ From "(H)M2-17" To "(H)MP4" P L. B ie, Municipal Clerk