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' 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.
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This is Schedule "A" to By-law 94- _,
passed this_ day of , 1994 A.D.
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® ZONING CHANGEFROM'A' TO'CI-14-AREA A'
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Mayor ~'w~zoao -Clerk
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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.
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TO 'C1-14-AREA B'
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Mayor 3oao~zoioo ---~_
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