HomeMy WebLinkAboutPD-71-98,\ DN: PD-71-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting:
Date:
General Purpose and Administration Committee
Monday, June 22, 1998
Report #: PD-71-98 FILE #: COPA 97-003 &DEV 97-018
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By-law #
Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS
APPLICANT: CLARINGTON PLACE LIMITED & 800769 ONTARIO LIMITED
PART LOT 16, CONC. 1, FORMER TOWNSHIP OF DARLINGTON
FILE NO.: COPA 97-003 &DEV 97-018
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-71-98 be received ;
2. THAT the portion of the application to amend the Clarington Official Plan as submitted
by Clarington Place Limited (Application COPA 97-003) to permit a parking lot on the
northeast corner of Clarington Boulevard and Uptown Avenue be adopted as
Amendment No. 8, as shown in Attachment No. 3, that the appropriate by-law be
passed, and further that the amendment be forwarded to the Region of Durham for
approval;
3. THAT the portion of the application to amend the Clarington Official Plan as submitted
by 800769 Ontario Limited to permit the entertainment commercial uses (Application
COPA 97-003) be deferred pending submission of a revised application by the
applicant;
4. THAT the portion of the application to amend Zoning By-law 84-63 (Application DEV
97-018) to permit a parking lot on the northeast corner of Clarington Boulevard and
Uptown Avenue be APPROVED as shown in Attachment No. 4 and that the appropriate
By-law be passed; and
5. THAT the Region of Durham Planning Department, all interested parties listed in this
report, and any delegations be advised of Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Clarington Place Limited and 800769 Ontario Limited
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REPORT NO.: PD-71-98
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1.2 Agent: Martindale Planning Services
1.3 Official Plan Amendment Application:
Part 1 - From "Main Central Area -High Density Residential and Medium
Density Residential" to an appropriate land use designation
permitting the development of recreation and entertainment
commercial uses.
Part 2 - To amend the policies for lands designated "Main Central Area -
Community Facility" to permit parking for commercial uses.
1.4 Rezoning Application:
Part 1 - From "Agricultural (A) Zone" to an appropriate zone to permit the
development of recreation and entertainment commercial uses.
Part 2 - To replace an existing temporary use by-law with an appropriate
zone to permit the development of a commercial parking lot.
1.5 Site Area: Part 1 - 4.2 hectares (10.26 acres)
Part 2 - 0.5 hectares (1.24 acres)
2. LOCATION
2.1 The subject lands described as Part 1 of the application (See Attachment No. 1) are
located on the northeast corner of Highway 2 and Green Road. The applicant's land
holdings total 4.2 hectares (10.26 ac). The property in legal terms is described as Part
Lot 16, Concession 1, in the former Township of Darlington.
The subject lands described as Part 2 of the application (See Attachment No. 1) are
located on the north side of Uptown Avenue and east of the future Clarington Boulevard
extension. The applicant's land holdings total 0.5 hectares (1.24 ac). The property is
also located within Part Lot 16, Concession 1, in the former Township of Darlington.
3. BACKGROUND
3.1 On March 13, 1997, Martindale Planning Services filed an application on behalf of
Clarington Place Limited and 800769 Ontario Limited with the Municipality of
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REPORT NO.: PD-71-98
PAGE 3
Clarington to amend the Clarington Official Plan and the former Town of Newcastle
Comprehensive Zoning By-law 84-63. Part 1 of the application proposes to change the
land use designation in the Bowmanville West Main Central Area Secondary Plan from
"High Density Residential" and "Medium Density Residential" to an appropriate land
use designation permitting the development of recreation and entertainment
commercial uses.
Part 2 of the official plan amendment application proposes to amend the policies for
lands designated "Community Facility" to permit a parking lot. The purpose of this
application is to provide additional parking for the Cineplex Odeon theatres.
A rezoning application to implement the proposed uses is also being considered
concurrently with the application for official plan amendment.
3.2 Subsequent to the Public Notice for this meeting, the applicant indicated that he did not
want to proceed with Part 1 of this application at the present time. He indicated that a
revised application would be submitted requesting retail commercial uses rather than
recreation and entertainment commercial uses. Furthermore, the applicant has
withdrawn Part 1 of the rezoning application DEV 97-018. The balance of this report
will deal primarily. with Part 2 of the application. However, this report outlines the
process which will be undertaken for Part 1 of the official plan amendment application.
A further public meeting will be required for the revised application.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Vacant Land
4.2 Surrounding Uses: East-
North-
West -
South -
Cineplex Odeon theatre complex, fire station and
Garnet B. Rickard Recreation Complex.
Rural residential and vacant lands
Agricultural lands
Retail commercial area and residential
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REPORT NO.: PD-71-98
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5. OFFICIAL PLAN POLICIES
5.1 The subject lands described as Part 2 of the application are designated "Main Central
Area" in the Clarington Official Plan and "Community Facility" in the West
Bowmanville Main Central Area Secondary Plan. Permitted uses include recreation
facilities, schools, institutional facilities, and special needs housing. As commercial
parking lots are not permitted within this land use designation, the applicant has
submitted this application for consideration.
6. ZONING BY-LAW CONFORMITY
6.1 A temporary use by-law was approved on July 7, 1997 for the lands described as Part 2
to permit construction of the parking lot prior to approval of the official plan
amendment application. As temporary use by-laws are only in effect for a maximum
period of three years, the applicant proposes to replace the temporary use by-law with a
permanent rezoning for these lands.
7. PUBLIC NOTICE AND SUBMISSION
7.1 A Public Meeting was held on May 5, 1997 for these applications. Area landowners
voiced the following concerns.
• Property values may be affected from adjacent commercial development.
• Noise and dust from adjacent construction causes problems. Well contamination
should be dealt with by the developer.
As the lands are unsuitable for residential uses, the landowner requested that their
property be considered as part of this application.
• The proposed Street "D" passes through the house located on the property. The
residents wanted to know whether this application would delete the proposed Street
"D" or whether the developer would be required to construct this road.
• The residents wanted to confirm whether retail commercial uses would be permitted
on the subject lands in the future.
• The designation of a parkette along the southern edge of Street "E" is not
appropriate.
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REPORT NO.: PD-71-98
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These issues are discussed in the Section 9 of this report.
7.2 The required notice, with respect to this Public Meeting, was mailed to each landowner
within the prescribed distance and signage was erected on the subject lands in
accordance with the Planning Act.
8 AGENCY COMMENTS
8.1 The application was circulated to solicit comments from other relevant agencies.
Comments referenced in this section deal specifically with the parking lot. The
Clarington Fire Department has no objections to the application.
8.2 The Clarington Public Works Department has no objections provided that the following
conditions are fulfilled:
• The applicant must prepare a lot grading and drainage plan for approval.
• The parking lot may be constructed prior to the construction of the future Clarington
Boulevard extension. The applicant's engineer must prepare a design for a
temporary access into the parking lot from Clarington Boulevard.
The applicant must provide all necessary financial securities for external works such
access construction, illumination, sewer connections, and removal of the temporary
access.
• A 2% cash-in-lieu of parkland dedication is required.
• The applicant must enter into a site plan agreement with the Municipality.
8.3 The Durham Region Planning Department has indicated no objections to the
designation of lands for use as a parking lot.
8.4 The Durham Region Public Works Department had no objections to the application.
Full municipal services are available to the site from Clarington Boulevard and Uptown
Avenue.
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REPORT NO.: PD-71-98
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8.5 Central Lake Ontario Conservation approved an addendum report to the West Side
Creek Master Drainage Plan for the construction of the theatre and the two restaurants,
which also includes the parking lot area. As the addendum did not consider a parking
lot in this location, a revised design scheme must be submitted for approval.
Development on the subject lands must fulfil the stormwater management requirements
of the addendum report. Sedimentation controls must be approved prior to site plan
approval.
9. STAFF COMMENTS
9.1 Main Central Area Development Concept
9.1.1 The Bowmanville West Main Central Area (Uptown Bowmanville) was approved as a
focal point in Clarington to provide a full range of higher intensity uses integrating
commercial, residential, cultural, community uses. Some of the key concepts of the
Plan are:
• The physical framework for development of the area will be based on a grid system
of streets and a variety of public places.
• Development will be oriented to pedestrians, not automobiles. As a result, the
placement of buildings and construction of infrastructure like sidewalks are
important considerations in the approvals process.
• Retailing facilities will complement the existing Downtown and other parts of the
East Main Central Area.
• Retail growth in the West Main Central Area will be controlled through a series of
retail threshold requirements to safeguard the continued viability of existing
businesses and provide opportunities for on-going redevelopment in the East Main
Central Area.
• There will a be range of land uses including medium and high density residential
areas.
9.1.2 The development concept for Uptown Bowmanville uses Clarington Boulevard as the
primary commercial street which to date it provides access to the key anchors. Some of
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REPORT NO.: PD-71-98
PAGE 7
the street-oriented buildings have been constructed on the Clarington Place Ltd. lands
(Cineplex and East Side Marios). Additional buildings are approved to be built on the
west side of Clarington Boulevard by both Clarington Place Ltd. and Cambridge
Shopping Centres.
9.1.3 During the consideration of the new Clarington Official Plan, Green Martin Properties
Ltd. (Kaitlin Group) requested that their lands on the west side of Green Road be
designated for Highway Commercial uses. Council amended the Official Plan to
incorporate Special Policy Area H -The West Bowmanville Gateway. The special
policies for this area are as follows:
• No service station or motor vehicle service establishments are permitted;
Prior to development, the proponent shall enter into an agreement to construct a
tourist information centre and convey a site of no less than 0.5 ha to the
Municipality; and,
• Urban design guidelines shall be prepared and approved by Council.
The addition of this 7.68 ha (19 ac) Highway Commercial Area impacts the lands
subject to Part 1 of this application. Where the medium and high density residential
uses at one time represented the periphery of the West Main Central Area, providing a
transition to neighbourhood residential areas, this area is now surrounded by
commercial lands on three sides. Furthermore, whereas the Plan sought to concentrate
commercial uses on Clarington Boulevard, the designation of Highway Commercial
Area on the Kaitlin Group's land tends to disperse commercial uses along Highway 2.
In the context of these changes, there is a need to review the land use planning concept
for the West Main Central Area.
9.1.4 Given the requirements to update the Urban Design Guidelines for the Uptown Area
and to prepare Urban Design Guidelines for the West Bowmanville Gateway Area, and
the inter-relationships between the two areas, staff have made arrangements for Urban
Strategies Inc. (formerly Berridge Lewinberg Greenberg) to undertake both assignments
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REPORT NO.: PD-71-98
PAGE8
as one study. The Kaitlin Group and 800769 Ontario Ltd. will be requested to make a
sufficient financial contribution to cover the costs of the consulting work.
9.2 Retail Threshold
9.2.1 During the Ontario Municipal Board Hearing on the Uptown Bowmanville area, there
was considerable market evidence given on the concept of retail thresholds as a means
of protecting the viability of the existing commercial area, particularly the downtown.
The initial allocation to Clarington Place Ltd. was 40,000 sq. ft. exclusive of
entertainment type of uses such as the Cineplex Odeon theatre. The Board was further
concerned about the types of uses and their potential impact and therefore prohibited
both the Cambridge Shopping Centre and Clarington Place Ltd. sites from having
general merchandise stores or retail warehouse stores for food, drugs or clothing.
Furthermore, Clarington Place Ltd. is prohibited from other uses such as clothing stores,
shoe stores, and furniture stores based on the market evidence they provided the Board.
9.2.2 Council did not impose the same regime of retail thresholds on the Highway
Commercial Area owned by Kaitlin Group on the west side of Green Road. It is noted,
however, that while there is an overlap in the type of commercial uses permitted in both
areas, the Highway Commercial Area is limited to those types of commercial uses which
require large parcels of lands and exposure to highway traffic.
9.2.3 Staff do not propose to re-examine the retail thresholds for the Uptown Area or require
the application of retail thresholds to the Highway Commercial Area. While the land
use designations within the Uptown Area may be worthy of reconsideration, the actual
release of floorspace through the threshold mechanism remains a valid means of
ensuring there is not an undue impact on the Bowmanville downtown or East Main
Central Area.
9.3 Traffic Analysis
9.3.1 A traffic study was submitted by the applicant to examine the impact that a change of
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REPORT NO.: PD-71-98
PAGE9
land use would have on traffic levels for the area. A revised traffic Study would be
required to consider the applicant's proposed revision to the application. Staff believe,
however, that it is important to consider both this application and the Kaitlin application
through one study which would address the cumulative traffic impact of both
developments.
9.3.2 In consultation with Public Works Staff, it has been determined that the traffic study
would be best done by the Municipality's traffic consultant Totten Sims Hubicki, as they
are currently working on the Bowmanville Transportation Plan. This would result in an
additional cost, which would be borne by the two applicants. However, the end result
would be a comprehensive study which addresses the long term traffic implications of
both proposals.
9.4 Proposed Parkette
9.4.1 The proposal submitted by 800769 Ontario Ltd. indicates a parkette along the south
side of Uptown Avenue. It would not be Staff's recommendation to plan for a parkette
in this location, particularly if the residential area was to be eliminated.
9.5 Existing Residential Lots
9.5.1 There are two properties, totalling approximately 0.6 ha (1.5 ac), fronting onto Highway
2 and surrounded on three sides by land owned by Clarington Place Ltd. and 800769
Ontario Ltd. It would be Staff's intention that any land use change would have to
consider these two parcels concurrently. This will be addressed through the urban
design study process.
9.6 Commercial Parking Facility
9.6.1 At the time of the preparation of the Secondary Plan for the Uptown Area, it was
anticipated that the Municipality would exchange the lands west of the Fire Station (now
the site of the Burger King) for the lands owned by Clarington Place Ltd. on the east side
of Clarington Boulevard and Uptown Avenue. Consequently, the lands at the north east
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REPORT NO.: PD-71-98
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corner of Clarington Boulevard and Uptown Avenue were designated "Community
Facility". Subsequently, it was determined that these lands did not suit the
Municipality's requirements for community level parkland. As a result, these lands were
retained by Clarington Place Ltd. for future use as a parking facility.
9.6.2 To date, Clarington Place Ltd. has constructed two restaurants totalling 8,860 sq. ft. A
further 31,140 sq. ft. remains to be built on the Clarington Place Ltd. lands. The zoning
is in place for this additional floorspace on the west side of Clarington Boulevard.
Accordingly, the approval of the parking lot at the northeast corner of Clarington
Boulevard and Uptown Avenue is important to allow the temporary parking area for the
Cineplex to be relocated to the permanent area, freeing up these lands for development.
This is important to continuing the development of Clarington Boulevard as the primary
commercial street in the area.
9.6.3 The Part 2 subject lands would not be impacted by any revision to Part 1 of this
application or by the Urban Design Study. Accordingly, it is recommended that
Amendment No. 7 to the Clarington Official Plan be approved to redesignate these
lands from Community Facility to Retail Commercial. The Secondary Plan policies
would limit the use on these lands to a parking lot serving the adjacent commercial
area.
9.6.4 A zoning by-law amendment has also been attached for consideration. It would replace
the existing temporary use by-law with a permanent zoning. The zone also proposes to
.reduce the parking space length requirement from 5.7 metres to 5.2 metres if the
parking space is adjacent to a landscaping strip. This would provide the Municipality
with wider landscaping strips in this parking lot.
10. STAFF RECOMMENDATIONS
10.1 Although the purpose of this report is to satisfy the requirements for the Public Meeting
under the Planning Act, it is respectfully recommended that the portions of the official
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REPORT NO.: PD-71-98
PAGE 11
plan amendment and rezoning applications to permit the development of a parking lot
as contained in Attachment No. 3 and Attachment No. 4 be APPROVED. The applicant
will be required to enter into a site plan agreement with the Municipality for the
construction of the parking lot.
10.2 A further public meeting must be scheduled to deal with the revised application for
retail commercial uses.
Respectfully submitted,
Reviewed by,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
RH*FW*cc
16June 1998
W.H. Stockwell,
Chief Administrative Officer.
Attachment No. 1 - Key Map
Attachment No. 2 - Concept Plan
Attachment No. 3 - Amendment No. 8 to the Clarington Official Plan Exhibit "A" -
Amendment to Map A -Land Use: Bowmanville West Main
Central Area Secondary Plan
Attachment No. 4 - Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Mr. Glenn Willson
Clarington Place Limited
140 Bond Street
P.O. Box 488
Oshawa, Ontario L1 H 7L8
Mr. Robert Martindale
Martindale Planning Services
23 Elizabeth Street
Ajax, Ontario LIT 2X1
Helen & Colin Soutter
2374 Highway 2
R. R. #6
Bowmanville, Ontario L1C 3K7
Mr. Scott MacDonald
Morguard Investments Limited
1 University Avenue
Suite 1500
Toronto, Ontario M5J 2V5
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REPORT NO.: PD-71-98
Ted Watson
R. R. #2
Bowmanville, Ontario L1C 3K3
Mr. David Baffa
Cambridge Shopping Centres Ltd.
1 Dundas Street West
Suite 2800
Toronto, Ontario M5G 2J2
Dr. Sebastien Corbo
ACT Health Group Corporation
1280 Finch Avenue West
Suite 710
Downsview, Ontario M3J 3K6
Lynn Townsend
Attention: Maria Jones
5710 Timberlea Boulevard
Suite 207
Mississauga, Ontario L4W 4W1
Brian Bridgeman
Walker Nott Dragicevic
172 St. George Street
Toronto, Ontario
M5R 2M7
Kelvin Whalen
The Kaitlin Group
1029 McNicoll Avenue
Scarborough, Ontario
M1W 3W6
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PAGE 12
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ADDITIONAL LANDS SUBJECT
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Attachment No. 3
AMENDMENT NO. 8
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE: The Amendment redesignates a 0.5 hectare parcel of land located within
the Bowmanville West Main Central Area at the northeast corner of the
future extension of Clarington Boulevard and Uptown Avenue from
"Community Facility" to "Retail Commercial". These lands shall only be
used for a parking lot to serve adjacent commercial uses.
BASIS: The amendment is based upon an application submitted by Clarington
Place Limited (COPA 97-003).
ACTUAL
AMENDMENT: The Bowmanville West Main Central Area Secondary Plan, being a
portion of the Clarington Official Plan, is hereby amended as follows:
i) by adding a new policy 5.2.6 to the Bowmanville West Main
Central Area Secondary Plan as follows:
"5.2.6 Notwithstanding any other provision in this Plan, lands
located at the northeast corner of Clarington Boulevard and
Uptown Avenue and described as Part 4 on Plan 40R-16730
shall only be used for the purposes of a parking lot
associated with adjacent commercial uses"
IMPLEMENTATION: The provisions set forth in the Clarington Official Plan and the
Bowmanville West Main Central Area Secondary Plan, as
amended, regarding the implementation of the Plan, shall apply in
regard to this Amendment.
INTERPRETATION: The provisions set forth in the Clarington Official Plan and the
Bowmanville West Main Central Area Secondary Plan, as
amended, regarding the interpretation of the Plan, shall apply in
regard to this Amendment.
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BY-LAW NUMBER 98-
being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former 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 Corporation of the former Town of Newcastle in
accordance with application DEV 97-018 to permit the development of a parking lot for retail
commercial uses.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 16.5.22 ~"General Commercial Exception (C1-22) Zone" is hereby deleted and
replaced with the following zone regulations:
"16.5.22 GENERAL COMMERCIAL EXCEPTION (Ci-22) ZONE
Notwithstanding Sections 3.1 S (a) and 16.1, those lands zoned C1-22 on the Schedules to
this By-law shall only be used for a parking lot subject to the following zone regulations:
(a) Definitions
i) Landscaping Strip
Shall mean an area of land used for any one or more of the planting of trees,
shrubs, flowers, grass or other horticultural elements, such as decorative
stonework, fencing or screening.
(b) Regulations
i) Parking Space Size
5.2 metres in length by 2.75
metres in width provided that
such space is perpendicular to a
landscaping strip."
2. Schedule "A" attached hereto shall form part of this By-law.
3. By-law 97-160 is hereby repealed.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1998.
BY-LAW read a second time this day of 1998.
BY-LAW read a third time and finally passed this day of 1998.
MAYOR
- biz
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
being a By-law to adopt Amendment No. 8 to the Clarington
Official Plan.
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to amend policies for the Main Central Area;
Community Facility designation to specifically permit the development of a parking lot for
commercial purposes.
NOW THEREFORE BE IT RESOLVED THAT .the Council of the Corporation of the
Municipality of Clarington enacts as follows:
That Amendment No. 8 to the Clarington Official Plan being the attached Explanatory Text
and Map is hereby adopted;
That the Clerk of the Municipality of Clarington is hereby authorized and directed to make
application to the Regional Municipality of Durham for approval of the
aforementioned Amendment No. 8 to the Clarington Official Plan; and,
3. This By-law shall come into effect on the date of the passing hereof.
BY-LAW read a first time this day of 1998.
BY-LAW read a second time this day of 1998.
BY-LAW read a third time and finally passed this day of 1998.
MAYOR
CLERK