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HomeMy WebLinkAboutPD-4-94UNFINISHED BUSINESS /~" ' THE CORPORATION OF THE MUNICIPALITY OF CARLINGTON DN: MARKBORO.GPA REPORT P II B L I C M S S T I N G Meeting: General Purpose and Administration Committee File # IJI ~( ~ F-v , ~ ~ ' V `~Bi Monday, January 17, 1994 Res.# Date: By-Law # Report #: PD-4-94 File #:DEV 88-099 Subject: RSZONING APPLICATION - 8Z94Z6 ONTARIO LTD. NARRBOROIIGH PROPSRTISB/ABBY BOWMANVILLS DBVELOPNSNTS PART LOT 16, CONCSBBION 1, FORIdt3It TOANBHIP OF DARLINGTON FILE: DSV 88-99 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-4-94 be received; 2. THAT the attached By-law to amend Comprehensive Zoning By-law 84-63, to permit the development. of 18,580 sq. m. of retail commercial floorspace on the lands subject of Rezoning Application DEV 88-99, be given first and second reading; 3. THAT the Ontario Municipal Board be advised that the attached by-law will not be given third reading by Council and that the Municipality requests that the Ontario Municipal Board not enact it or any other by-law for commercial uses on the Markborough Properties/West Bowmanville Developments site until the Municipality or the Board has been advised that: i) .the owner has entered into a servicing agreement as authorized by Council in considering the Addendum to PD- 169-93; ii) the site plan application has been approved; iii) the owner has entered into a site plan agreement to satisfy the conditions of site plan approval of the Municipality; and iv) both agreements have been registered against the title of the proposed shopping centre site. 4. THAT the applicant, Durham Region Planning Department, Ontario Municipal Board, all interested parties listed in this report and any delegation be advised of Council's decision. - 5J1 o..E ~®a~.~.. REPORT NO. PD-4-94 PAGE 2 1. APPLICATION DETAILS 1.1 Owner: 829426 Ontario Limited (Markborough Properties Inc. and West Bowmanville Developments) 1.2 Agent: Tunney Planning 1.3 Rezoning: From Agricultural (A) to an appropriate zone to permit the development of a 18,580 m' (200,000 sq. ft.) retail shopping plaza 1.4 Area: 9.53 ha (23.55 acres) 2. LOCATION 2.1 Legal Description: Part Lot 16, Concession 1, former Township of Darlington 2.2 Relative Location: Southeast corner of Green Road and Highway 2 3. BACRGRDOND 3.1 Rezoning Application DEV 88-99, as originally submitted by West Bowmanville Developments in September 1988, proposed to rezone a 10.6 ha parcel of land on the south side of Highway 2 approximately mid-way between Regional Road 57 and Green Road to permit a commercial development. The related Official Plan Amendment application (OPA 88-87/D/N) submitted to Durham Region proposed the designation of a 'Sub-Central Area' with 23,000 mZ (247,580 sq. ft.) of retail commercial floorspace. 3.2 In August 1989, Tunney Planning advised the Town that Markborough Properties and West Bowmanville Developments had assumed joint ownership of the lands subject of Rezoning Application DEV 88-99. As well, the Rezoning Application and the related Official Plan Amendment application were being revised to indicate the development of a 21,400 ma (230,350 sq. ft.) retail commercial facility on a 10. 2 ha (25.2 acre) parcel on the southeast corner of Green Road and Highway 2. ~'~~ 2 REPORT NO. PD-4-94 PAGE 3 3.3 On September 24, 1990, Council resolved to recommend to Durham Region that Official Plan Amendment 88-87/D/N (Revised) be approved. Council also resolved as follows: "THAT Rezoning Application DEV 88-99 submitted by Markborough Properties and West Bowmanville Developments to permit the development of the proposed shopping centre be APPROVED;. and, THAT the amending by-law be passed subsequent to the owners meeting the following conditions: a) Official Plan Amendment Application 88-87/D/N be approved by the Region of Durham; b) The owners satisfy the requirements of the Ministry of Transportation with respect to transportation and access issues. This condition is applicable in the event Highway 2 is transferred to the Region or the Town; c) The owners enter into an agreement with the Town of Newcastle, satisfying all requirements, site planning, financial and otherwise of the Town of Newcastle." 3.4 Official Plan Amendment Application 88-87/D/N was approved by Durham Regional Council on February 6, 1991 through the adoption of Amendment 255 to the Regional Plan, which extended the Main Central Area boundaries to include the subject site, and Amendment 40 to the Town's Official Plan, which designated the subject site as 'Commercial'. These amendments were subsequently referred to the Ontario Municipal Board at the request of the owners of the Bowmanville Mall. 3.5 On November 13, 1992, Tunney Planning, on behalf of 829426 Ontario Inc., requested that the subject Rezoning Application be referred to the Ontario Municipal Board in order that it may be dealt with at the same hearing as the related Official Plan Amendments. The Ontario Municipal Board hearing in respect of these and other matters related to the Bowmanville West Main Central Area, is scheduled to commence on January 31, 1994. 503 REPORT NO. PD-4-94 PAGE 4 3.6 On July 26, 1993, Council adopted a resolution which, in part, approved a commercial floorspace allocation of 200,000 square feet for the Markborough proposal. 3.7 On August 13, 1993, Markborough submitted a revised Site Plan which indicated the development of 18,580 sq.m. (200,000 sq. ft.) of retail commercial floorspace on the subject site, in accordance with Council's resolution of July 26, 1993. This revised site plan was circulated to various agencies for comment. A further revision to the site plan is under discussion. A preliminary revision is shown as Attachment No. 1 to this report. 4. E%ISTING AND SURROUNDING IISES 4.1 Existing Uses: Vacant 4.2 Surrounding Uses: North - vacant and residential South - vacant and residential East - Canadian Tire store West - vacant and residential 5 OFFICIAL PLAN POLICIES 5.1 1976 Durham Regional Official Plan 5.1.1 The 1976 Regional Plan designates the subject site as 'Residential'. Amendment No. 255 to the. 1976 Plan included the site within the boundaries of the Bowmanville Main Central Area. The Plan states that Central Areas are to be developed as central focal points of activity, interest and identity for residents through the provision of the fullest range of urban functions and amenities. Sub-Central Areas are to be generally smaller in scale than the Main Central Area in order to serve large segments of the Major Urban Area through the provision of uses which complement those offered within the Main Central Area. 5.2 1991 Durham Reaional official Plan 5.2.1 The new Regional Official Plan indicates the Bowmanville Main 5oa REPORT NO. PD-4-94 PAGE 5 Central Area as a symbol. Local municipalities have the responsibility of defining the specific boundaries for Main Central Areas. 5.3 Official Plan of the former Town of Newcastle 5.3.1 The Municipality's Official Plan designates the subject site as 'Low Density Residential'. Amendment No. 40 included the site within the boundaries of the Bowmanville Main Central Area and designated it as 'Commercial'. 5.3.2 Amendment 56, which incorporated a Secondary Plan for the West Main Central Area into the Official Plan, designates the subject site as 'Retail Commercial' and allocates 18,580 sq. m. (200,000 sq. ft.) of retail and personal service floorspace to the subject property. 6. PUBLIC MEETINGS 6.1 Pursuant to the requirements of the Planning Act, notice regarding the Public Meeting was mailed to each landowner• within the prescribed distance and to all interested parties. 6.2 Two previous Public Meetings in respect of Rezoning Application DEV 88-99 have been held, as follows: • December 12, 1988 for the original Rezoning Application submitted by West Bowmanville Developments for a 23,000 m2 (247,580 sq. ft.) shopping centre; • September 18, 1989 for the revised Rezoning Application submitted by Markborough Properties Inc. and West Bowmanville Developments for. a 21,400 m' (230,350 sq. ft.) shopping centre on the southeast corner of Green Road and Highway 2. 6.3 Letters of concern with respect to Rezoning Application DEV 88-99 and the related application for Official Plan Amendment have been submitted by the owners of the Bowmanville Mall, Ghods Builders, and the Bowmanville '-05 REPORT NO. PD-4-94 FAGE 6 Business Centre. Staff note that these three parties will be represented at the Ontario Municipal Board Hearing. 7. STAFF COMMBNTS 7.1 The purpose of this report is to establish Council's position at the Ontario Municipal Board with respect to the appeal of Rezoning Application DEV 88-99. The subject by-law to amend By-law 84-63 implements Amendment 56 and the Urban Design Guidelines as they relate to the Markborough/West Bowmanville lands. The by-law would not require third reading by Council pending disposition of the by-law appeal by the O.M.B. 7.2 At the time of the writing of this report, the Town's Solicitor was preparing the amending zoning by-law which will be handout at the meeting. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development Recommended for presentation to the Committee ~~- 1e Marano, Acting Chief Administrative Officer DC*FW*df Attachment #1 - Preliminary Revised Site Plan Attachment #2 - Amending By-law (Handout) 12 January 1994 .i. !Y 506 REPORT NO. PD-4-94 PAGE 7 Interested parties to be notified of Council and Committee's decision: Mr. William J. Daniell The Kaitlin Group 1029 McNicholl Avenue SCARBOROUGH, Ontario M1W 3W6 Mr. Al Strike Strike, Salmers and Furlong 38 King Street West Box 7 BOWMANVILLE, Ontario LiC 3K8 Mr. John E. Davies Shopping Centres Group Markborough Properties Inc. 1 Dundas Street West Suite 2800 TORONTO, Ontario M5G 2J2 Mr. Gerard Gervais Dekkema Gervais Development Corporation 100 Allstate Parkway Suite 501 MARKHAM, Ontario L3R 3L1 Mr. Christopher Dodds Canadian Tire Corporation Limited P.O. Box. 770, Station 'K' 2180 Yonge Street TORONTO, Ontario M4P 2V8 Dino and Judith Penn 1569 Green Road BOWMANVILLE, Ontario L1C 3K7 Mr. Scott Muir 1599 Green Road R.R. ~ 6 BOWMANVILLE, Ontario L1C 3K7 Mr. Colin Sputter 2374 Highway 2 BOWMANVILLE,. Ontario LiC 3K7 Mr. Sebastian Corbo 232 Spadina Road TORONTO, Ontario M5R 2V1 Mr. Roger Elliott Fasken Campbell Godfrey Barristers and Solicitors Toronto-Dominion Bank Tower P.O. Box 20 Toronto-Dominion Centre TORONTO, Ontario M5K 1N6 Mr. Jeffrey L. Davies Davies Partners Lawyers Suite 300 166 Pearl Street TORONTO, Ontario M5H 1L3 Mr. Ronald Worboy 153 Simcoe Street North P.O. Box 21 OSHAWA, Ontario L1H 7K8 Mr. Ronald K. Webb Davies, Webb & Schulze Barristers & Solicitors Brampton Executive Centre 8 Nelson Street West Suite 600 BRAMPTON, Ontario L6X 4J2 Mr. James Harbell Stikeman Elliott P.O. Box 85 Suite 5300 Commerce Court West TORONTO, Ontario M5L iB9 Mr. Bryce Jordan, M.C.I.P. G.M. Sernas and Associates Ltd. 110 Scotia Court, Unit 41 WHITBY, Ontario LiN 8Y7 Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, Ontario L1G 3S2 Ms. Maureen Kitchen The Great Atlantic and Pacific Co. of Canada Ltd. Real Estate Division P.O. Box 68, Station 'A' Toronto, Ontario M5W lA6 ~~'~'~ Attachment Attachment No: 2 ~ef°"t YD- 4-44 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By-Law Number 94- }3eing a By-law to amend By-law 84.63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with Application DEV 84-94 and Amendment 56 to the Official Plan of the former Town of Newcastle, to permit the development of lands for commercial uses; AND WHEREAS said Ry-law shall he passed pursuant to Section 24(4) of the Planning Act, whereby it would not come into effect until such time as the related Official Plan Amendment has received approval from the Ministry of Municipal Affairs or the Ontario Municipal Board; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of Clarington enacts as follows: 1. Section -16.5 "Special Exception -General Commercial (C1) Zone" is hereby amended by adding thereto, the following new Special Exception 16.5.14 as follows: "16.5.14 .GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE; Natwitltstanding Sections 3.11, 16.1 and 1G.3 of By-law 84-63, those lands zoned (Cl- 14) shown an the map contained in the aforesaid Schedule "A" shall be used and any buildings or structures thereon shall he constructed and used in accordance with the following definitions and zone regutatinns: (a) Definitions {i} Business establishment Shall mean a building which contains any one or more of a rettul/commercial establishment, a personal service shop, a business, professional or administrative office, or a financial office whether or not the building is or is pare of a shopping centre; -2- (ii) Department store Shall mean a retail store co~~taining a minimum of 5,000 square metres of leasable total floor area organized into a number of individual departments and primarily engaged in the general merchandising to the public of a wide variety of commodities, including clothing, hardware, home furnishings and household appliances-, {iii) Limit of Streets and proposed Streets Shall mean the lines identified as "l.,imit of Street" on the Plan contained in Schedule "A" attached to and forming part of this By-law; {iv) Facade of the business establishment 5ha11 mean the portion of the exterior wall located between finished grade and the level which is 3 metres above finished grade of a business establishment which wall faces either an existing street or a proposed street shown on the Plan contained in the aforesaid Schedale "A"• and (v) Street-related entrance Shall mean one of the principal entrances to each business establishment with a minimum height of 2.l metres and a minimum width of 0.9 metres located in part of the facade of the business establishment which is at or within 0.2 metres above or below finished grade and which shall be recessed from the facade of the business establishment a minimum of 1.0 metre; (b) Permitted Residential Uses No residential dwelling units are permitted to he constn~cted or used. -3- (c) Permitted Non-Residential Uses A shopping centre containing a maximmn of 18,580 square metres of leasable total floor area .may be constructed and used for the Cl purposes sei out in Secticm 16.1 (b) provided that the following restrictions, prohibitions and regulations are complied with: Restrictions: (i) no more than 17,187 square metres of leasable total floor area maybe constructed and used on Area A shown on the Plan. contained in the aforesaid Schedule "A"; and (u) not more than one financial office comprising the premises of 1 bank, l foist company, or 1 credit union may be constructed and used; (iii} no business, professional or administrative office; medical or dental clinic; or financial office shall be located in doe first storey of any building provided that not mote than ]financial office comprising 1 bank, 1 mist company's premise yr 1 credit union's premises may be constructed and used on the first storey of the building; Prohibited uses: (i) take-out eating establishment; (ii} eating establishment with drive-through service; and (iii) no building may he used cin any one nr more portions of the lands zoned L1-14 for the purposes of a retail/commercial establishment unless a Department Store which contains at least (,000 square metres of leasable total floor area and a supermarket which contains at least ;1,500 square metres of leasable total flour area are constructed on the land; -4- Regulations: (i) location of building from the southerly limit of Highway No. 2 and Limit of Street (ii) landscaped open spdce (iii) height of buildings (iv) loading spaces a minimum of 5 metres - a minimum of 20 percent of the lot area - a maximum of 4 storeys - a minimum of 4 loading spaces (v) notwithstanding Section t6.5.14(c) Regulation (i), the easterly facade of the business establishment constructed within Area 13 shown on ttte aforesaid Schedule A shall abut the westerly Limit of Street which is the westerly limit of proposed Street B shown on Schedule A, provided that no mare than 33% of .the Iength of such facade may be constructed up to 2 metres westerly of the Limit of Street which is the westerly limit of proposed Street B; (vi} street-related entrances to business establishments constructed within Area B shown on the aforesaid Schedule A shall be constructed at locations in the facade of the husincss establishment. at a maximum distance of 14 metres from the centre of the nearest street-related entrance to the street-related entrance in question; and (vii) a minimum of 25% of the facade of the business estahiichment constructed within area B shown oo the aforesaid Schedule "A' to the height of the first storey above finished grade shall be constructed of transparent glass." 2. Schedule "3" to By-law 84-C3 as amended iti hereby further amended by changing the zone category from: -S- "Agriculture (A) Zone" to "General Commercial Eacception (C1-14) Zone -Area A' ; and "Agriculture (A} Zone" to "General Conunercial Exception (CF.-14) Zone -Area B". 3. Schedule "A" attached hereto shall form part of this By-law, 4. This By-law shall come into effect nn the date of the passing thereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1.9)4. BY-LAW read a seennd time this day of lgy4_ BY-LAW read a third time this day of 1994. c:\wp5\dataMown-new\by-taw\zoni ng.hyt This is Schedule "A" to By-law 94- _, passed this_ day of , 1994 A.D. 0 a 0 z w w ® ZONING CHANGEFROM'A' TO'CI-14-AREA A' ® ZONING CHANGE FROM' A' TO 'CI-14-AREA 8' 0 25 50 qOm Mayor ~'w~zoao -Clerk z 0 N N W V Z O U BOWMAI m,.o LOT 17 LOT 16 LOT 15 LOT 14 Markborough ;. , January 24, 1994 Mayor Diane Harare and Members of Council The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LiC 3A6 Dear Mayor Harare and Members of Council: RE: PROPOSED ZONING BYLAW MARKBOROUGH PROPERTIES INC. LANDS SOUTHEAST CORNER OF HIGHWAY #2 AND GREEN ROAD Ma~>t~att~n ~Froperotw Inc. ~Pp~B Csntrcs Group 1 Duadas street West Suitt 2800 Tomato, Ontario MSG 2J2 Tel: (416) 5917660 Fax: (416) 591-9280 I am writing to communicate our comments and position with regard to the proposed bylaw which you will be dealing with this evening at the meeting of Council. Mazkborough supports the proposed amendment to By-law 84-63, as amended. Our comments and concerns outlined herein aze made in the belief that the changes will allow flexibility to Markborough during the leasing and construction phases of our projecK. We respectfully submit that the proposed wording of the bylaw, as it presently stands, unduly restricts us in a few, but nevertheless vitally important, areas. Our requested changes aze illustrated on the accompanying revised draft bylaw for your consideration. The rationale behind these changes is as follows: (c) Permitted Non-Residential Uses: "...plus eating establishment drive-in." We believe the marketing of the centre as national take-out restaurants is essential. Each of these national tenants will require adrive-through facility. Adrive-through could be accommodated on our site plan. The Ghods approval fora 2,900 square foot McDonald's restaurant contained adrive-through, and the restriction on our site is a hardship, from which we seek relief. ~' Markborough -z- Restrictions: (i) 17,613.8 squaze metres: We request that we be allowed to construct 190,000 square feet as the main component of the shopping centre, and 10,000 squaze feet along Street B, in accordance with our site plan proposal. Our anchor tenants -- Zellers and Canadian Tire -- have restrictive clauses which limit us going beyond a threshold of 10,000 squaze feet in this location. It is envisioned that subsequent phases of development will take place along Street B and adjacent to Zellers, as shown on the site plan, and that once the centre is operating, flexibility from our tenants will be possible. (ii) We believe this is an unreasonable position, as financial institutions aze excellent tenants. We would envision a Schedule A Bank and a Trust Company both being components of our project. (iii) Trust Companies and Optical Labs often have office uses associated with their normal operation. Medical/Dental uses aze natural accompaniments to a project such as ours. Prohibited Uses: (i) See above. (ii) See above. (iii)• Our agreement with Loblaws provides for a first phase of construction ranging from 32,000 to 40,000 squaze feet. The 3,500 squaze metre provision should be modified to permit initial flexibility to our food store tenant. Regulations: (i) (includes Street A). , We would ask that the S-metre setback provision on Street A not apply to Zellers. Zellers have specific critical dimensional constraints. Without pushing the store forward into the parking lot, this setback cannot be met. Pursuant to the comments of the Planning Depaztmegt, we would suggest that an embellished facade treatment /~ e undertaken in place of the 5 metre setback. We believe that this will bean v ~cceptab a comp lf`Se-- Markborough -3- (vi) We believe that our tenants and their patrons will insist on access to their business establishments from the adjacent pazking lot. We believe it is a leasing risk and a hazdship to our tenants to unduly restrict the access and egress to their premises. We respectfully make these requests on the basis of sound business practice. We believe that both the bylaw, as amended by our changes, and the site plan process give sufficient power to control the development to ensure quality. The changes requested will not impact the aesthetic opportunities or prove to be a hazdship to existing business in the municipality. Although we aze not scheduled to make a deputation this evening, we will be in attendance at the Council Meeting to provide further clarification on any of these issues, should you request it. Yours very truly, r'1ARKBOROUGH PROPERTIES INC. John E. Davies Director, Development Shopping Centres Group JED:jkc ATTACNNENT NO. 2 TO ADDENDON REPORT PD-4-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BYLAW NUMBER 94- Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle in accordance with Application DEV 89-99 and Amendment 56 to the Official Plan of the former Town of Newcastle, to permit the development of lands for commercial uses; AND WHEREAS said By-law shall be passed pursuant to Section 2A(4) of the Planning Act, whereby it would not come into effect until such time as the related Official Plan Amendment has received approval from the Ministry of Municipal Affairs or the Ontario Municipal Board; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of Clarington enacts as follows: Section 16.5 "Special Exception -General Commercial (Cl) Zone" is hereby amended by adding thereto, the following new Special Exception 16.5.14 as follows: "16.5.14 GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE: Notwithstanding Sections 3.11, 16.1 and 16.3 of By-law 84-63, those lands zoned (Cl- 14) shown on the map contained in Schedule "A" to this By-law shall be used and any buildings or structures thereon shall be constructed and used in accordance with the following definitions and zone regulations: a) Definitions i) Business establishment Shall mean a building which contains any one or more of a retaiUcommercial establishment, a personal service shop, a business, professional or administrative office, or a financial office whether or not the building is or is part of a shopping centre. ii) Department store Shall mean a retail store containing a minimum of 5,000 square metres of leasable total floor area organized into a number of individual departments and primarily engaged in the general merchandising to the public of a wide variety of commodities, including clothing, hazdware, home furnishings and household appliances. iii) Limit of Streets and proposed Streets Shall mean the lines identified as "Limit of Street" on the Plan contained in Schedule "A" attached to and forming part ofthis By-law. iv) Facade of the business establishment Shall mean the portion of the exterior wall located between finished grade and the level which is 3 metres above finished grade of a business establishment which wall faces either an erdsting street or a proposed street shown on the Plan contained in the aforesaid Schedule ..A.. DN: I:BYLAW.MKg -2- v) Street-related entrance Shall mean one of the principal entrances to each business in a business establishment with a minimum height of 2.1 metres and a minimum width of 0.9 metres located in part of the facade of the business establishment which is at or within 0.2 metres above or below finished grade and which shall be recessed from the facade of the business establishment a minimum of 1.0 metre. b) Permitted Residential Uses No residential dwelling units are permitted to be constructed or used. c) Permitted Non-Residential Uses A shopping centre containing a maximum of 18,580 square metres of leasable total floor area may be constructed and used for the Cl purposes set out in Section 16.1 (b) provided that the following restrictions, prohibitions and regulations are complied with; Restrictions: i) no more than 17,187 square metres of leasable total floor area maybe constructed and used on Area A shown on the Plan contained in the aforesaid Schedule "A"; ii) not more than two financial offices comprising the premises of 1 bank and 1 trust company or 1 credit union may be constructed and used; and iii) not more than one eating establishment with drive-through service may be constructed and used on Area A shown on the Plan contained in the aforesaid Schedule "A'; iv) no business, professional or administrative office; medical or dental clinic; or financial office shall be located in the first storey of any building provided that not more than two financial offices comprising 1 bank and 1 trust company's premise or 1 credit union's premises may be constructed and used on the first storey of the building.. Prohibited uses: i) no building may be used on any one or more portions of the lands zoned C1-14 for the purposes of a retaiUcommercial establishment unless a Department Store which contains at least 6,000 square metres of leasable total floor area and a supemtazket which contains at least 3,000 square metres of leasable total floor area aze constructed oa the land and that both the Department Store and the supermarket in total exceed 10,200 square metres of leasable total floor area. Regulations: i) location of building from the southerly limit of Highway No. 2 and "Limit of Street" - a minimum of 5 metres DN: I:BYLpW.MKB -3 ii) landscaped open space _ a minimum of 20 percent of the lot area ~) height of buildings a maximum of 4 storeys ~~) loading spaces - a minimum of 4 loading spaces ~) notwithstanding Section 16.5.14 (c) Regulation (i), the easterly facade of the business establishment constructed within area B shown on the aforesaid Schedule "A" shall abut the "Limit of Street" which is the westerly limit of proposed Street B shown on Schedule "A", provided that no -more than 33% of the length of such facade may be constructed up to 2 metres westerly of the "Limit of Street" which is the westerly limit of the proposed Street B. ~) street-related entrances to business establishments constructed within Area B shown on the aforesaid Schedule "A" shall be constructed at locations in the facade of the business establishment at a ma~dmum distance of 14 metres from the centre of the nearest street-related entrance in question. ~i) a minimum of 25% of the facade of the business establishment constructed within Area B shown on the aforesaid Schedule "A" shall be constructed of transparent glass. - w) notwithstanding Section 16.5.14(c) Regulation (i), 90 metres of the southerly facade of the business establishment constructed in Area A shown on the aforesaid Schedule "A" may be constructed up to 1 metre northerly of the "Limit of Street" which is the northerly limit of proposed Street A. 2. Schedule "3" to By-law 84.63 as amended is hereby further amended by changing the zone category from: A t ~a lure (A) Zone" to - "General Commercial Exception (C1-14) Zone -Area "Agriculture (A) Zone" to - "General Commercial Exception (C1-14) Zone _ Area B" 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-Jaw shall come into effect on the date of the passing thereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 1994. BYLAW read a second time this day of " 1994. BY-LAW read a third time this day of 1994. MAYOR CLERK This is Schedule "A" to B - y law 94- ._, passed this day of_ , 1994 A.D. 0 a 0 Z W ~~~~~ tvNING CHANGE FROM 'A' ® ZONING CHANGE FROM' A ~ TO ' CI-14-AREA A' TO 'C1-14-AREA B' 0 23 30 pOm Mayor 3oao~zoioo ---~_ -0lerk LOT 17 LOT 16 LtiOT 15 LOT 14 I ( z 0 w U Z O U BOWMANVILLE