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HomeMy WebLinkAboutPSD-017-11 Addendum Unfinished Business 1 C&IIIgOD a REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 21, 2011 Resolution #: PA-953-4 By-law#: am-Or aoa-047 Addendum to Report#: PSD-017-11 File #: ZBA 2010-0022 (X-REF: COPA 2010-0004) Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT THE DEVELOPMENT OF A FOOD STORE OF 2,829W AND TWO SMALLER BUILDINGS OF 783W AND 185M2 RESPECTIVELY FOR RETAIL/SERVICE COMMERCIAL USES —680 LONGWORTH AVENUE, BOWMANVILLE APPLICANT: 1804603 ONTARIO INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PSD-017-11 and Report PSD-017-11 be received; 2. THAT the rezoning application submitted by 1804603 Ontario Inc., be approved and that the proposed Zoning By-law contained in Attachment 2 to Addendum to Report PSD-017-11 be passed; 3. THAT the Holding (H) provision on the zone be removed once the owner has entered into a site plan agreement with the Municipality; and 4. THAT the interested parties listed in Report PSD-017-11 and any delegations be advised of Council's decision. - Submitted by: �4fl!' Reviewed by:C3 G -_C(Qt Davi. J. Crome, MCIP, RPP Franklin-Wu, Director of Planning Services Chief Administrative Officer DJ/FUdf 11 March 2011 . CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3M T(905)623-3379 F(905)623-0830 ADDENDUM TO REPORT NO.: PSD-017-11 PAGE 2 1.0 BACKGROUND 1.1 Staff submitted a recommendation report PSD-017-11 (Attachment 1) to the General Purpose and Administration Committee on February 28, 2011. 1.2 Ronald Richards, agent of the applicant, 1804603 Ontario Limited, made a short verbal presentation at the General Purpose and Administration Committee meeting in which he requested deferral of the report for two weeks pending further discussions with staff regarding the interpretation of certain sections of the proposed Zoning By-law. 2.0 DISCUSSION 2.1 During follow-up discussions with Staff after the meeting, the agent of the applicant indicated that their client had a concern with section 1. d. i) b) of the proposed Zoning By-law because the minimum required non-supermarket space of 960m2 did not make provision for circumstances where the use of the corner building forms part of the supermarket. The applicant suggested that the minimum space of 960m2 for non- supermarket uses on the site be reduced to 760m2 in the event the corner building use forms part of the supermarket. The applicant also expressed the opinion that the Holding Zone is unnecessary and should be removed since all the provisions of the Holding Zone have been addressed via their site plan application which they were awaiting comments on. 2.2 The site specific Official Plan Amendment that was adopted for this proposed development stipulates that that the corner use can either function independently from the supermarket or as part of the supermarket with the caveat that the use therein interacts with the adjacent public square, faces Scugog Street and that it has main pedestrian access to the Longworth Avenue/Scugog Street intersection. Staff has no objection to the revision of the proposed Zoning By-law, provided that the above- mentioned Official Plan policy is complied with. 2.3 Staff recommends the following revisions to section 1. d. i) of the Zoning By-law: • Amend section 1. d. i) b) to read "A minimum of 760ml of non-supermarket uses; and • Deleting sections 7. d. viii) and x) and replacing it with the following: "viii) Corner Building a) A Corner building with a minimum of 185 mz shall be constructed on the lands zoned C1-56; b) The Corner building may be occupied by a supermarket use, provided it complies with all other requirements for a Corner Building; C) No building may be used as a supermarket unless the Corner building is constructed on the lands zoned C1-56; and d) The Corner Building is exempt from on site loading space requirements." ADDENDUM TO REPORT NO.: PSI)-017-11 PAGE 3 2.4 The applicant has already confirmed concurrence with the above proposed revisions. 2.5 Regarding the request to remove the Holding (H) provision, the imposition of the Holding provision is standard practice for all new commercial development in Clarington. Section 23.4.3 of the Official Plan provides for the use of a Holding (H) Zone to ensure that prior to development or redevelopment, matters such as technical studies, mitigating measures, servicing and the execution of appropriate agreements, and policies in the Official Plan have been addressed to the satisfaction of the Municipality. Staff has provided their comments on the site plan submission to the applicant. However, at the time of writing this report a revised set of site plan drawings have not been submitted by the applicant nor have the conditions of site plan approval been issued or agreed to by the applicant. The site plan is, however, close to being finalized. To expedite the matter, Staff will bring forward the by-law directly to the Council to have the H-provision removed once the owner has entered into a site plan agreement with the Municipality. 4.0 CONCLUSION 4.1 The above report, read together with Report PSD-017-11, provides the necessary basis and merits for the approval of the revised site specific Zoning By-law. Attachment 2 to this Addendum Report replaces Attachment 4 of the original report. Staff recommends that the site specific Zoning By-law be approved. Staff Contact: D6an Jacobs Attachments: Attachment 1 — Report PSD-017-11 Attachment 2 —Zoning By-law Attachment 1 Addendum to Report PSD-017-11 Q REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 28, 2011 Resolution M By-law#: I Report M PSD-017-11 File#: ZBA 2010-0022 (X-REF: COPA 2010-0004) Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT THE DEVELOPMENT OF A FOOD STORE OF 2,829M'AND TWO SMALLER BUILDINGS OF 783M' AND 185M2 RESPECTIVELY FOR RETAIL/SERVICE COMMERCIAL USES —680 LONGWORTH AVENUE, BOWMANVILLE APPLICANT: 1804603 ONTARIO INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-017-11 be received; 2. THAT the rezoning application submitted by 1804603 Ontario Inc., be approved and that the proposed Zoning By-law contained in Attachment 4 to Report PSD-017-11 be passed; 3. THAT the interested parties listed in Report PSD-017-11 and any delegations be advised of Council's decision. i..- Submitted by: Reviewed by: Kz� David J. Crome, MCIP, RPP ranklin Wu, Director of Planning Services Chief Administrative Officer DJ/FUdf 22 February 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO _1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-017-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: 1804603 Ontario Inc. 1.2 Rezoning: To change the zoning from Holding - Urban Residential Type Three Exception ((H) R3-25) to an appropriate zone to permit the proposed development of a food store of 2,829m2 and second and third buildings of 783m2 and 185m2 respectively for retail/service commercial uses, and to implement the recently adopted Official Plan Amendment. 1.3 Location: 680 Longworth Avenue, located on the northeast corner of Longworth Avenue and Scugog Street, Bowmanville. 1.4 Site Area: 1.43 Hectare (3.53 Acres). 2.0 BACKGROUND 2.1 On August 4, 2010, the applications submitted by 1804603 Ontario Inca for an Official Plan and Zoning By-law amendment for a parcel on the northeast corner of Longworth Avenue and Scugog Street, Bowmanville, to permit the development for retail/service commercial uses, were deemed complete. 2.2 The applicant also submitted the following background studies in support of development applications: • Planning Rationale Report, prepared by R.G. Richards &Associates; • Supermarket Impact Analysis, prepared by UrbanMetrics Inc.; • Traffic Study, prepared by HDR Corporation; and • Noise Impact Study, prepared by Swallow Acoustic Consultants Ltd. 2.3 The statutory Public Meeting with respect to the Official Plan amendment and rezoning applications was held on September 13, 2010. This was followed by an Open House with residents of the neighbourhood on September 23, 2010 and a staff recommendation report (PSD-111-10) on October 4, 2010 with respect to the application to amend the Official Plan. 2.4 Council received and approved report PSD-111-10 which included the Official Plan Amendment No.79 to permit a "Neigbourhood Centre" designation on the site. 2.5 A recommendation report on the rezoning of the site was to be brought back to Council subsequent to a further open house with the residents and a resolution on site plan matters. 2.6 A second open house with residents was hosted by the applicant on Thursday, November 25, 2010 at St. Stephen Catholic Secondary School. i REPORT NO.: PSD-017-11 PAGE 3 3.0 STAFF COMMENTS 3.1 Prior to the second Open House, Staff held an urban design session with the proponent and his architect. The meeting focused on the Municipal expectations regarding the development of the site (e.g. traffic, pedestrian movements, parking, landscaping) and the design quality of the building (e.g. elevations, massing, materials, facade articulation). The expectations were developed based on Official Plan policies, neighbourhood character, Council and community input. 3.2 The second Open House was held on November 25 2010. It was attended b P Y approximately 28 people. The Open House format consisted of a panel display followed by a PowerPoint presentation and a question and answer period. The applicant presented a revised site plan concept with some minor improvements to the site plan concept and the elevations. The applicant also presented colour drawings of the building elevations and landscape plan. Some residents expressed the opinion that the street facades of the food store, particularly the roof design and the high building walls along Scugog Street and Longworth Avenue, needed improvement. They also reiterated that the location of this development proposal within a residential area warranted a compatible design with the character of the surrounding neighbourhood and which is different to the conventional grocery store design typically found in commercial districts. 3.3 Based on further input at the second Open House and follow-up discussions and meetings between Staff and the developer during December 2010, the applicant made additional revisions to the elevations. The most recent revisions include a pitch roof over the grocery store entrance, more articulation (recessions and progressions of the facade) along the street elevations and better integration of certain design elements (e.g. pillars around the building). The site plan concept has been revised to incorporate tree planting on the west side of Scugog Street to provide off-site landscape buffering to address compatibility with the adjacent residential uses. Copies of the latest site plan, elevation and landscape drawings are contained in Attachment 3. 3.4 Staff are generally satisfied with the latest modifications to the site plan drawings as they create a more uniform architectural theme, enhance the appearance of the principal building on the site and provide a more prominent and attractive landmark to compliment the corner site and the neighbourhood. 3.5 Staff are of the opinion that the latest site plan and elevations generally address the resident's concerns, and enhances the development proposal. It implements the key urban design components contained in the adopted Official Plan amendment, therefore the rezoning can be finalized. Any additional details are being addressed as part of the site plan review process. The applicant made a formal site plan submission on December 24, 2010. The site plan process will be finalized after the successful completion of the rezoning of the lands. REPORT NO.: PSO-017-11 PAGE 4 3.6 Official Plan Amendment No.79 contains a policy requiring the implementing Zoning By- law to contain performance standards to ensure that the new development will be compatible with the physical character of the established residential neighbourhood. Staff drafted a site specific Zoning By-law amendment in accordance with the latest site plan concept which contains regulations on built form and other site plan elements. The proposed Zoning By-law Amendment provides for: • A variety of appropriate commercial uses and potential second storey residential uses above grade (the latter is not proposed at this time); • Basic site layout restrictions; • A requirement for a publicly accessible square; • Facade and roof requirements along Longworth Avenue and Scugog Street; • A minimum of 960 m of smaller commercial retail units to serve the local neighbourhood; • Allows outdoor patios for restaurants that don't serve alcohol; and • Prohibits drive-throughs. 4.0 CONCLUSION 4.1 The above report, with the approved Official Plan amendment supported by PSD-111- 10, provides the necessary basis and merits for the approval of the site specific Zoning By-law. It is recommended that the Zoning By-law enclosed as Attachment 4 to this Report be approved. Staff Contact: Dean Jacobs Attachments: Attachment 1 — Key Map Attachment 2 —The adopted Official Plan Amendment: Amendment N0.79 Attachment 3 — Proposed Site Plan, Elevations and Landscape Plan Attachment 4 —Zoning By-law List of interested parties to be advised of Council's decision: Erik & Kathrene Peterson Michael and Donna Stephens R.G. Richards &Associates Sam McBride and Amanda Hyde Kelly August Carl Pokoski Zelinka Priamo Ltd, Marie O'Hare Jennifer Remillard Triston Hymus Metro Ontario Inc. Ken and Maria Hilts Valerie Kowal Michael Webber and Jennifer Tremain Christina Rose Gordon and Lucille Sturrock Shaun Asselstine and Kim Sullivan Dale and Don Sturrock Michele Wynne Andre Bos Amanda Kocklay and Nathan Cook Tom Keen Neil Murray Andrew and Lindsay Wray REPORT NO.: PSD-017-11 PAGE 5 Corey Robbins and Lindsay Highmore Raymond Scimone Jason & Jody Coulas Dawn Tighe Joseph & Sharon Reader Geoff Bryann Shirley McLean Bob Harty Robert &Amanda Hall Gerry & Diane Harness Heather Beveridge Francis Williams Wayne Moores E. Greenham Gerry & Luise Lens Kelly Rainey Ken Lee Melissa Pallant Steven O-melia i i Property Location Map(Bowmanville) L Retail i � t subject Site N j r i a J o rn i D ,Qr U 7 P ZBA 2010-0022 i G Zoning By-law Amendment -- i ocery Sto re ' � SPA 2011-0002 / Site Plan Approval COPA 2010-0004 Retail P�erJg j Clarington Official Plan Amendment o d� / vo i 10 / Applicant: v D N 1804603 Ontario Ltd to v i 1? 0 / CD3 Attachment 2 To Report PSD-017-11 AMENDMENT NO. 79 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to introduce a Neighbourhood Centre designation on the north-east comer of Longworth Avenue and Scugog Street to permit a grocery store and a multi-tenant building.for retail and service commercial uses. BASIS: The application is based on an Official Plan Amendment application (COPA 20010-0004) submitted by 1804603 Ontario Inc. I ACTUAL AMENDMENT: The Municipality of Clarington Official Plan is hereby amended as follows: 1. By including an exception- to Section 23.14 to create Sub- section 23.14.14 as follows: °23.14.14 Notwithstanding Sections 10.6.1 and 10.6.4 c), the lands located at 680 Longworth Avenue and described by assessment roll number 181702002015000 shall be developed with; • A grocery store having a maximum gross floor area of 3100 mz with the main pedestrian access within 18.5 metres of Scugog Street;. • A public square in accordance with the policies of Section 10.6.5, which shall be located adjacent to the intersection of Scugog Street and Longworth Avenue; • A use intended to complement and interact with the public square having a maximum gross floor area of 200m2, either as part of the food store or as an independent business establishment. Said use shall face Scugog Street and have the main pedestrian access at the Longworth Avenue and Scugog Street intersection; A multi-tenant building for retail, personal services and business, professional and/or administrative offices, with a minimum gross floor area of 700 m= and a maximum gross floor area of 790 m2. The maximum size of an individual business establishment shall not exceed 250 m2, with the exception of an eating establishment- of which the gross floor area shall not exceed 350 m=; and • Residential dwelling units are encouraged as an accessory use either as stand alone or part of a mixed use building. The site specific Zoning By-law associated with the development of this site shall only be considered after site plan and elevation drawings for this Neighbourhood Centre have been prepared to the satisfaction of the Municipality. The site plan and elevation drawings shall address the following urban design principles: a) Compatibility: The commercial development shall be. compatible with the established neighbourhood. b) Focal Point: The commercial buildings located at the intersection of Scugog Street and Longworth Avenue should be treated as a focal point. It shall include articulated building elements that emphasize the focal point nature of these buildings. c) Building Design: The commercial development should, incorporate high quality architectural treatments, building materials that provide visual interest at the scale of pedestrians, reduces building mass.impacts, and respects the character of the established neighbourhood. d) Landscaping: Landscaping will be integrated in the development to visually enhance the site, to soften hard edges, to screen parking and loading areas, to miticate potential conflicts arising from noise, emissions and visual impacts and to contribute towards environmental sustainability. e) Active Street Life: The commercial building located at the .intersection of Scugog Street and Longworth Avenue shall include a specific area dedicated to contribute to an active street life and public square. f) Pedestrian Network: Interior walkways and private connections will be designed to complement and extend, but not replace, the role of the street as the main place for pedestrian activity. They should be accessible, comfortable, safe and integrated into the local patter of pedestrian movement with direct, universal physical and visual access from the public sidewalk and clear path- finding within the site. The developer will be required to provide off-site landscape buffering to address compatibility with the adjacent residential neighbourhoods: i The implementing Zoning By-law will contain performance standards to ensure that the new development will be compatible with the physical character of the established residential neighbourhood. IMPLEMENTATION: The provisions set forth In the Clarington Official 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 as amended, regarding the interpretation of the Plan shall apply in regard to this amendment. 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COMMET(.14 DEVELOPMENT �UIHLL Vn11ON 690 L[x�ymxtl,gMnUB "" ''A CLARINGTON,WAAIO LEVAT BUILDI ' EXTERIOR ELEVgI IONS A-3b Attachment 4 To Report PSD-017-11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- 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 Municipality of Clarington for ZBA 2010-0022, NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 SPECIAL EXCEPTIONS—GENERAL COMMERCIAL (C1) ZONE is hereby amended by introducing a new Sub-Section 16.5.56 as follows: "16.5.56 GENERAL COMMERCIAL EXCEPTION (C1-56)ZONE Notwithstanding the provisions of Sections 3.13 c., 16.1, 16.2 and 16.3,those lands zoned"C1-56"on schedule"A'of this By-law shall be used subject to the following definitions and permitted uses: a. Definitions Corner Building shall mean a building sited close to the intersection of Scugog Street and Longworth Avenue and designed with translucent glass on all street and public square facades and a door on the street facade of the building. Drive-Through Facility shall mean the use of land,buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through a window or an automatic machine, to customers remaining in motor vehicles, which are located in a stacking lane. A drive-through facility may be established in combination with other permitted non-residential uses. Public Square shall mean an area of at least 400 m2 established and designed to provide a community gathering space and shall be open to the public at all times. b. Residential Uses Dwelling units as part of a building containing non-residential use(s). c. Non-Residential Uses 1) business, professional or administrative office; ii) commercial school; iii) convenience store; IV) day nursery; V) dry cleaners distribution centre; Vi) eating establishment; vii) eating establishment,take-out, viii) laundry—coin-operated; ix) library; X) medical or dental clinic; xi) place of worship; xii) retail commercial establishment; xiii) service shop, light; xiv) service shop, personal; xv) supermarket: and xvi) veterinary clinic. d. Regulations for Non-Residential Uses I) Non-residential uses shall consist of the following: a) A Supermarket b) A minimum of 960 ml of non-supermarket uses c) A public square ii) Floor Area,Total a) Supermarket(maximum) 3100m' b) An eating establishment(maximum) 350m2 c) Any individual business establishment other than the supermarket or eating establishment(maximum) 250m' iii) A drive-through facility is not be permitted. iv) Yard requirements: a) Front Yard (maximum) 3.5 metres Front Yard (minimum) 2.5 metres b) Exterior Side Yard (i) Stand-alone multi-tenant building (maximum) 3 metres (ii) Supermarket(minimum) 5 metres (iii) Comer Building (a) to the closest point of building 2.5 metres (b) to the furthest point of building 7.5 metres c) Interior Side Yard (i) Other building(s) (minimum) 5 metres (ii) Supermarket(minimum) 22 metres d) Rear Yard (minimum) 3 metres v) Lot Coverage of all buildings(maximum) 27% vi) Landscaping a) Landscaped Open Space (minimum) 21% b) All parking areas shall be separated from abutting public streets and adjacent residential uses,by a landscape strip having a minimum width of 3 meters. vii) Building Height (minimum) 5.5 metres (maximum) 12 metres viii) No building may be used as a supermarket unless the Corner Building is constructed on the lands zoned C1-56. ix) Garbage areas shall be fully enclosed within a roofed structure and outdoor storage is prohibited. x) The Comer Building is exempt from on-site loading space requirements. xi) An Outdoor Patio associated with an easting establishment shall not be permitted if the easting establishment has a license to serve alcohol. xii)Building elevations a) The roofline on the elevations of the building containing the grocery store facing Longworth Avenue will contain three triangular pediments; xii)Building Fagade Materials a) A minimum area of 9% of the street fagade of the building containing the supermarket facing Longworth Avenue, between finished grade and the elevation up to a height of 3 metres shall be required to be constructed of spandrel glazing. b) A minimum area of 50% of the street fagade of the Corner Building between finished grade and the elevation up to a height of 3 metres shall be required to be constructed of transparent glazing. 2. Schedule "3" to By-law 114-63, as amended, is hereby further amended by changing the zone designation from"Holding— Urban Residential Exception ((H) R3-25)Zone"to"Holding -General Commercial Exception ((H) C1-56)Zone"as illustrated 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 Section 34 of the Planning Act- BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk I This is Schedule "A" to By-law 2011 - , passed this day of , 2011 A.D. y i) Y / G�°RAN PJE�vE Zoning Change From"(H)23-25"To"(H)C7-56" Adrian Foster,Mayor Pate L.Barrie,Municipal Clerk rHN i i LBOWMANVILLE — � SCHEDYIa 3 Attachment 2 Addendum to Report PSD-017-11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- 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 134-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2010-0022; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 SPECIAL EXCEPTIONS—GENERAL COMMERCIAL(Cl)ZONE is hereby amended by introducing a new Sub-Section 16.5.56 as follows: "16.5.56 GENERAL COMMERCIAL EXCEPTION (C1-56)ZONE Notwithstanding the provisions of Sections 3.13 c., 16.1, 16.2 and 16.3,those lands zoned "C1-56"on schedule"A"of this By-law shall be used subject to the following definitions and permitted uses: a. Definitions Corner Building shall mean a building sited close to the intersection of Scugog Street and Longworth Avenue and designed with translucent glass on all street and public square facades and a door on the street fagade of the building. Drive-Through Facility shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through a window or an automatic machine, to customers remaining in motor vehicles, which are located in a stacking lane. A drive-through facility may be established in combination with other permitted non-residential uses. Public Square shall mean an area of at least 400 mZ established and designed to provide a community gathering space and shall be open to the public at all times. b. Residential Uses Dwelling units as part of a building containing non-residential use(s). c. Non-Residential Uses i) business, professional or administrative office; ii) commercial school; iii) convenience store; iv) day nursery; V) dry cleaners distribution centre; vi) eating establishment; vii) eating establishment, take-out; viii) laundry—coin-operated; ix) library; X) medical or dental clinic; xi) place of worship; xii) retail commercial establishment; xiii) service shop, light; AV) service shop, personal; xv) supermarket; and xvi) veterinary clinic. d. Regulations for Non-Residential Uses i) Non-residential uses shall consist of the following: a) A Supermarket; b) A minimum of 760M2 of non-supermarket uses; and c) A public square. ii) Floor Area, Total a) Supermarket(maximum) 3100m2 b) An eating establishment(maximum) 35Dm' c) Any individual business establishment other than the supermarket or eating establishment(maximum) 250m' iii) A drive-through facility is not be permitted. iv) Yard requirements: a) Front Yard (maximum) 3.5 metres Front Yard (minimum) 2.5 metres b) Exterior Side Yard (i) Stand-alone multi-tenant building (maximum) 3 metres (ii) Supermarket(minimum) 5 metres (iii) Corner Building (a) to the closest point of building 2.5 metres (b) to the furthest point of building 7.5 metres C) Interior Side Yard (i) Other building(s) (minimum) 5 metres (ii) Supermarket(minimum) 22 metres d) Rear Yard (minimum) 3 metres v) Lot Coverage of all buildings (maximum) 27% vi) Landscaping a) Landscaped Open Space (minimum) 21% b) All parking areas shall be separated from abutting public streets and adjacent residential uses by a landscape strip having a minimum width of 3 meters. vii) Building Height (minimum) 5.5 metres (maximum) 12 metres viii) Comer Building a) A Corner Building with a minimum of 185 mZ shall be constructed on the lands zoned C1-56; b) The Corner Building may be occupied by a supermarket use, provided it complies with all other requirements for a Corner Building; c) No building may be used as a supermarket unless the Comer Building is constructed on the lands zoned C1-56; and d) The Corner Building is exempt from on site loading space requirements." ix) Garbage areas shall be fully enclosed within a roofed structure and outdoor storage is prohibited. x) An Outdoor Patio associated with an eating establishment shall not be permitted if the eating establishment has a license to serve alcohol. xi) Building elevations a) The roofline on the elevations of the building containing the grocery store facing Longworth Avenue will contain three triangular pediments; xi)Building Fagade Materials a) A minimum area of 9% of the street fagade of the building containing the supermarket facing Longworth Avenue, between finished grade and the elevation up to a height of 3 metres shall be required to be constructed of spandrel glazing. b) A minimum area of 50% of the street facade of the Corner Building between finished grade and the elevation up to a height of 3 metres shall be required to be constructed of transparent glazing. 2. Schedule "3" to By-law 64-63, as amended, is hereby further amended by changing the zone designation from "Holding—Urban Residential Exception ((H) R3-25)Zone"to "Holding -General Commercial Exception ((H) C1-56)Zone" as illustrated 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 Section 34 of the Planning Act. BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2011 - passed this day of , 2011 A.D. NO I L w �N C9 Q� rn 2 O 0 U U I 1 i oN`'�oR�N PJ�NU� V N ® Zoning Change From"(H)R325"To"(H)CI-56" Adrian Foster,Mayor Patti L.Barrie,-Municipal Clerk I N D II BOWMANVILLE ZBAxn+o-Oazz SCHEOULE3