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HomeMy WebLinkAboutPSD-014-13 Clarftwn REPORT PLANNING SERVICES DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 25, 2013 Resolution#: _ lgy - 13By-law#: Report#: PSD-014-13 File#: COPA 2012-0008, ZBA 2012-0024 Subject: AN APPLICATION TO INCREASE THE LIST OF COMMERCIAL USES PERMITTED WITHIN EXISTING BUILDINGS ON THE SUBJECT SITE APPLICANT: EFS INVESTMENTS INC. RECOMMENDATIONS: It is respectfully requested that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-014-13 be received; 2. THAT provided there are no significant issues raised at the Public Meeting, Amendment No. 90 to the Clarington Official Plan submitted by EFS Investments Inc. to permit additional commercial uses on the subject lands as contained in Attachment 3 to Report PSD-014-13 be adopted and the By-law adopting the Official Plan Amendment contained in Attachment 4 to Report PSD-014-13 be passed; 3. THAT the Zoning By-law Amendment application submitted by EFS Investments Inc. be approved as contained in Attachment 5 to Report PSD-014-13; 4. THAT the Region of Durham Planning Department and Municipal Property Assessment Corporation be forwarded a copy of this report and Council's decision; and 5. THAT all interested parties listed in Report PSD-014-13 and any delegations be advised of Council's decision. Submitted by: lv�_ Reviewed by: David rome, MCIP, RPP Franklin Wu, Directo of Planning Services Chief Administrative Officer PW/COS/df 13 February 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD- 014 -13 1.1 Agent: 1.2 Applicant /Owner: 1.3 Proposal: 1.4 Area: 1.5 Location 2. BACKGROUND MMM Group Limited EFS Investments Inc. Page 2 To increase the list of commercial uses permitted within existing buildings on the subject property. 0.72 Ha 1540 Durham Highway 2, Courtice (Former Hilltop Restaurant) 2.1 On November 19, 2012, MMM Group Limited submitted a Clalington Official Plan Amendment application and an application to amend Zoning By -law 84 -63, on behalf of EFS Investments Inc. The reason for these applications is to request permission to expand the list of permitted commercial uses on this property so that the Owner is provided with greater flexibility when attempting to lease space within the existing buildings. 2.2 In February of 1981, Zoning By -law 2111, of the Township of Darlington, was amended to permit a variety of retail and entertainment uses. In September of 1984, Zoning By- law 84 -63 took the place of the former Township of Darlington Zoning By -law and many of the existing land uses were carried forward into the current Zoning By -law. The same land use rights permitted first in 1981, and then reinforced in 1984, remain in effect on this property today. Following the development approvals granted in 1981, the only other development approval granted for this property was a minor Site Plan approved in 2011 for the operation of an outdoor patio. 2.3 Over the past several years, the main building on this property has been occupied by a number of different restaurants. In between each successive tenant, the property has experienced periods of vacancy. The last restaurant tenant ceased operating from this site on February 2012 and the property has remained vacant since that time. 2.4 In addition to the commercial uses already permitted on this property, the applications submitted on behalf of the Owner are seeking permission for the following uses: • Bank or Financial Office • Commercial School • Convenience Store • Day Nursery • Dry Cleaning Distribution Centre • Laundromat • Medical or Dental Clinic REPORT NO.: PSD- 014 -13 PAGE 3 • Personal Service Shop • Professional Office • Retail Commercial Establishment • Supermarket At this time, no new buildings or additions to existing buildings are being proposed. 2.5 In support of this request, the Applicant has submitted the following reports / studies: • Planning Justification Study; • Transportation Review; and • Geotechnical Investigation and Slope Assessment. 2.6 The subject property is located within the Courtice Main Street Secondary Plan ( CMSSP), which was passed by Council on January 28, 2013. Further discussion of the impact of the CMSSP on the current application is contained in Section 5.2 of Report PSD- 014 -13. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property contains three existing buildings and a large surface parking area (the presence of an enclosed breezeway between the house and the commercial building does not change the fact that these are separate buildings with the potential to be occupied by unique and separate uses). FIGURE 1 View of existing buildings facing northwest 3.2 The surrounding uses are as follows (see Attachment 1 to Report PSD- 014 -13): North - Black Creek Valley South - Type "B" Arterial (Highway 2) Low Density Residential and a Neighbourhood Centre Plaza East - Low Density Residential and Commercial Converted Dwellings West - Farewell Creek Valley O - 0 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The PPS promotes efficient land use and development patterns while at the same time ensuring that any development avoids harmful impacts upon both public health and the environment. The PPS encourages the use of intensification and redevelopment to broaden the appropriate mix and range of employment uses. All of these goals are to be achieved within existing settlement areas and in a manner which minimizes land consumption and servicing costs. The Applicant's proposed repurposing of the existing commercial buildings, by extending the list of permitted commercial uses, will not place an increased burden on municipal infrastructure. This application conforms with the Provincial Policy Statement. 4.2 Growth Plan for the Greater Golden Horseshoe (Growth Plan) The Growth Plan requires that population and employment growth be directed to built - up areas of the community. Built up areas are the lands located inside the Provincially - defined "Built Boundary". The Built Boundary for the urban areas of Bowmanville, Courtice, Newcastle and Orono was defined by the Province in 2006. One of the preferred means of accommodating future growth is through intensification, such as the introduction of new uses as is being proposed by this application. This application conforms with the Provincial Growth Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan 5.1.1 The Durham Regional Official Plan designates this property as "Regional Corridor" "Regional Corridors" are intended to be developed based on, among other things: • Compact urban form; and • A mixture of uses in appropriate locations. -5.1.2 This proposal conforms with the Durham Regional Official Plan and is exempt from - approval by the Region of Durham. 5.2 Clarington Official Plan 5.2.1 The Clarington Official Plan designates this property as "Urban Residential" and "Special Policy Area 'F "'. The "Urban Residential" designation recognizes the historical and current presence of residential development within the Highway 2 corridor. "Special Policy Area 'F "' states that properties within the Highway 2 corridor shall be redeveloped REPORT NO.: PSD- 014 -13 PAGE 5 to higher residential densities than currently exists. Other uses also identified by this designation include recreation, community facilities, institutional and limited office uses. Strip retail development is expressly prohibited. 5.2.2 On January 28, 2013, as part of the Official Plan Review process currently underway, Council approved the Courtice Main Street Secondary Plan (CMSSP). The subject property is identified as "Commercial Mixed Use" within the CMSSP. While the policy for the "Commercial Mixed Use" designation generally states that commercial uses shall only exist as part of a mixed -use building, special designation was granted for the subject property: "...the property located at 1540 Durham Highway 2 may be used for retail, service, office and residential purposes either in a mixed -use building or in a single use building (Section 5.3.5 Courtice Main Street Secondary Plan)." 5.2.3 Further discussion of the compatibility of each of the requested uses for this site is contained in Section 11 of Report PSD- 014 -13. 5.2.4 Once the CMSSP is adopted by the Region, a subsequent Zoning By -law Amendment will be submitted by the Municipality for the entire Courtice Main Street area (including the subject property) to implement the goals of the CMSSP. The future Zoning By -law Amendment for the corridor will continue to include all of the land use permissions granted by this application and will regulate those uses in a form consistent with the rest of the Courtice Main Street area and the "Commercial Mixed Use" designation. 6. ZONING BY -LAW 6.1 Currently, Zoning By -law 84 -63 zones the subject lands as "Special Purpose Commercial (C5) ". The "C5" zone is commonly referred to as a highway commercial zone since it accommodates a variety of large- format retail (i.e. home improvement store, furniture and appliance store) and auto - centric uses (i.e. auto dealerships) that are usually found at high traffic locations such as highway interchanges. No residential uses are permitted in the "C5" zone. 6.2 Due to the restrictive requirements of the "C5" zone and the incompatibility of applying the "C5" zone in this area, the Applicant has requested that the zoning for this site be modified to include additional commercial uses. Specifically, the Applicant has requested Retail • Convenience Store • Bank or Financial Office • Retail Commercial Establishment • Supermarket REPORT NO.: PSD- 014 -13 PAGE 6 Service • Commercial School • Day Nursery • Dry Cleaning Distribution Centre • Laundromat • Personal Service Shop Professional • Professional Office Medical or Dental Clinic 6.3 Further discussion of each of the requested uses is contained in Section 11 of Report PSD- 014 -13. 7. SUMMARY OF BACKGROUND STUDIES 7.1 Planning Justification Study 7.1.1 It is the Agent's opinion that expanding the list of commercial uses permitted on this site will not only help the Owner secure stable tenants but also better reflect the planned character of Courtice. It is the position of the Agent that the clearest way to accommodate the requests made in these applications is to extend the "Neighbourhood Centre" designation, currently located at the southeast corner of the intersection of Highway 2 and Prestonvale Road, to include the subject site. 7.1.2 However, since the drafting of the Agent's Planning Justification Study Official Plan Amendment 89, for the Courtice Main Street Secondary Plan, has been passed by Council. Therefore, Planning Staff would note that there is no need for the redesignation of the subject site to "Neighbourhood Commercial ". The recommended Official Plan and Zoning By -law Amendments would remain in effect until final adoption is given to the CMSSP Secondary Plan and an updated Zoning By- law Amendment is passed for the entire Courtice Main Street area. 7.2 Transportation Review A comprehensive Traffic Study was deemed by Regional staff to be unnecessary since the proposed redevelopment is not expected to generate a significant increase in trip traffic and will continue to utilize the existing access. At the request of the Durham Regional Works Department, the Applicant provided a review of anticipated impact on traffic signal operations and queuing at the intersection of Highway 2 and Prestonvale Road. The conclusions of the Transportation Review state, that due to the modest increase anticipated by the redevelopment, traffic mitigation measures are not required at this time. REPORT NO.: PSD- 014 -13 7.3 Geotechnical Investigation and Slope Assessment PAGE 7 Due to the fact that the subject property is located within hazard lands that are regulated by Central Lake Ontario Conservation Authority (CLOCA) a Geotechnical Investigation and Slope Assessment was deemed to be required. The results of this study demonstrate that the proposed expansion of permitted uses, within the existing buildings, will have no impact on the hazard lands. Prior to the submission of these applications the Owner worked directly with CLOCA to address all issues identified in this report. 8. PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property. The public notice was also posted on the Municipal website and in the Planning Services electronic newsletter. 8.2 At the writing of this report, Staff had received one inquiry from an area business owner seeking clarification as to the nature of these applications. 9. AGENCY COMMENTS 9.1 Central Lake Ontario Conservation Authority (CLOCA) have advised that they have no objection to the introduction of additional commercial uses within the existing buildings on -site. However, in order to acknowledge the information revealed by the Geotechnical Investigation and Slope Assessment, CLOCA has requested that any part of the property which is within the erosion hazard area, and does not contain existing buildings, should be designated and zoned as "Environmental Protection ". This would include portions of the surface parking lot and vacant lands on the property. The parking areas accessory to the commercial uses would continue to be permitted within the hazard lands but no new construction would be permitted in this area of the property. 10. DEPARTMENTAL COMMENTS 10.1 Emergency Services and the Engineerinq Services Departments The Emergency Services and the Engineering Services Departments have both expressed no objection to the proposed applications. 10.2 Finance Department The Finance Department has confirmed that the taxes on the subject property have been paid up -to -date. REPORT NO.: PSD- 014 -13 11. DISCUSSION PAG E 8 11.1 Based on the historical zoning regulations that apply to this site, along with the recently approved Courtice Main Street Secondary Plan ( CMSSP), it is Staff's opinion that a re- evaluation of the permitted uses on this property is both appropriate and necessary. 11.2 Proposed Uses 11.2.1 The Applicant is proposing to broaden the type of commercial tenants that might be enticed to lease the existing floor space on this site. A comparison of the current and proposed uses is illustrated in Attachment 2 to Report PSD- 014 -13. 11.2.2 The CMSSP identifies that retail and service are appropriate for properties in the "Commercial Mixed -Use" designation provided that they are: • Generally of a convenience nature; and • Compatible with residential uses or a mixed -use format. 11.2.3 Each of the proposed retail and service uses satisfies the conditions outlined above. 11.2.4 The CMSSP further states that the "Town Centre Commercial" designation shall contain those retail and service uses which, by their scale and function, are appropriate for a Town Centre. It is Staff's opinion that when read comprehensively with all of the policies of the CMSSP a "Supermarket" is not an appropriate use for the subject site and would be better directed to a property containing a "Town Centre Commercial" designation. 11.2.5 Professional office uses are permitted within the "Commercial Mixed -Use" designation and can be readily accommodated within the existing buildings. 11.3 Withdrawn Uses To meet the direction of the recently approved Secondary Plan, the Owner has accepted that a number of uses that are currently permitted on this site, which reflect an inappropriate and outdated form of land use, should be removed. The uses that will no longer be permitted on this site include: • Retail sales with outdoor display • Building Supply Outlet • Garden and Nursery Sales and Supply • Motor Vehicle Sales Establishment 11.4 Suitability of Site 11.4.1 The Black Creek and Farwell Creek valley lands separate and create a buffer between the subject property and the surrounding neighbourhoods to the north and west. Local residents from the south are separated from the site by Highway 2. While this site is geographically located along a major arterial near the centre of the urban area, the physical location of the site, the setback of the buildings within the site and the current form of development along Highway 2 in this area do not suggest that this site will serve REPORT NO.: PSD- 014 -13 PAGE 9 as a pedestrian- oriented destination in the near future. Travel to and from this site will likely remain auto - centric with customers and clients making intentional trips to this site seeking specific goods or services. This reinforces the point that land uses on this site should be expanded to offer the greatest possible diversity of use which would draw the public for intentional shopping or service visits. 11.4.2 The expansion of commercial uses will be the first step to revitalizing this site. Due to the size and the location of this property, there remains opportunities for the future introduction of residential uses onto this site, either exclusively or as part of a mixed -use development. Following the adoption of the Courtice Main Street Secondary Plan the subsequent Zoning By -law Amendment for this area will provide greater opportunities for mixed -use development on -site. 11.5 Parking For the foreseeable future, this site will continue to be accessed mostly by personal automobiles. The existing 74 parking spaces on this property exceed the 46 parking spaces required by the Municipality to maintain the "shopping centre" parking space ratio. 12. CONCLUSION 12.1 With the exception of "Supermarket" each of the proposed uses, requested by the Applicant, have been found to be: appropriate for the site and surrounding area, of appropriate scale and in conformity with the goals and objectives of the Courtice Main Street Secondary Plan. 12.2 The purpose of Report PSD- 014 -13 is to satisfy the requirements for a Public Meeting under the Planning Act. Provided there are no significant issues raised at the Public Meeting, and based on the comments in this report, it is recommended that the proposed Clarington Official Plan Amendment (Attachment 3 to Report PSD- 014 -13) and Zoning By -law Amendment (Attachment 5 to Report PSD- 014 -13) be approved. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan REPORT NO.: PSD- 014 -13 PAGE 10 Staff Contact: Carlos Salazar, Manager, Community Planning and Design Paul Wirch, Planner II Attachments: Attachment 1 - Key Map Attachment 2 - Land Use Comparison Attachment 3 - Proposed Official Plan Amendment Attachment 4 - Clarington Official Plan Amendment Adopting By -law Attachment 5 - Proposed Zoning By -law Amendment List of interested parties to be advised of Council's decision: Ford Wong Chad John - Baptiste Mike Qaqish Attachment 1 To Report PSD- 014 -13 ELYc FIIJ 3NV130Maatl0 E d 3NHa WVHONIHGNVS C �% 3 Rla MHONIHO C C �? E d +� Mu) .{. .y� � V3 3tl031tlO A V v Q a CM CL o a Ya 0 � O i E CL E ' A�, a N if d z 30 d A3lltli'd l , ` r C o r C a i a N J N t� � V U) 0 41�- 1V03a000SCm a 4.. LL o m m a O w N V O d ° = O c CL r of 3 a` ° 1 3 e N �_ O aV�_ '1 V J CRA 31VANOIS32Ad 0 zz �Y u� a N Q = OIL O a U _z z_ P D D _J W � m Attachment 2 To Report PSD- 014 -13 Land Uses Currently Permitted Requested RETAIL - INTERNAL Convenience Store - X Limited Retail - Furniture & appliances - Beer, liquor and wine outlet X - Retail / Commercial Establishment - X Supermarket - X RETAIL - EXTERNAL Retail sales with outdoor display X - Building Supply Outlet X _ Garden and Nursery Sales and Supply X - Motor Vehicle Sales Establishment X - RESTAURANTS Restaurant - All types X X ENTERTAINMENT Tavern X X Private Club X X Place of Entertainment X X SERVICES Bank (Financial Office) - X Second floor offices X _ Business, Professional or Administrative Office - X Commercial School - X Day Nursey - X Dry Cleaning Distribution Centre - X Laundry, Coin - Operated - X Medical or Dental Clinic - X Personal Service Shop - X Veterniarian Clinic X X ACCOMMODATION' Hotel / Motel X X OTHER Place of Worship X X Attachment 3 To Report PSD- 014 -13 AMENDMENT NO. 90 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To create an interim exception to the Clarington Official Plan that will remain in effect until the adoption of the Courtice Main Street Secondary Plan. The exception will permit an increase to the list of commercial uses permitted within existing buildings on the subject property. LOCATION: 1540 Highway 2, Courtice Part Lot 33, Concession 2, Former Township of Darlington Block 11 on Plan M -747 Parts 1 -3 on Plan 10R -1376 BASIS: This amendment is based on the Geotechnical Investigation and Slope Assessment (May 2012) prepared by V.A. Wood Associates Limited, the Courtice Main Street Secondary Plan and as further reviewed by Municipal staff. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 11. By adding a new Section 23.14.18 as follows: Notwithstanding the policies of Section 9 (Residential Neighbourhoods) and Section 16.8 (Special Policy Area "F" — King Street Corridor) of the Clarington Official Plan, the lands located at 1540 Highway 2, Courtice and described by assessment roll number 1817 -010- 060 - 13367, shall permit the following uses within the existing buildings on -site: i) Business, Professional or Administrative Office ii) Commercial School iii) Convenience Store iv) Day Nursery v) Dry Cleaning Distribution Centre vi) Eating Establishment vii) Eating Establishment, Drive -in viii) Eating Establishment, Take -out ix) Financial Office x) Retail / Commercial Establishment A) Tavern xii) Private Club xiii) Place of Entertainment xiv) Laundry, Coin - Operated xv) Medical or Dental Clinic xvi) Personal Service Shop xvii) Veterinarian Clinic xviii) Hotel xix) Motel xx) Place of Worship This exception shall remain in effect until the adoption of the Courtice Main Street Secondary Plan at which time this exception will discontinue in favour of the Secondary Plan. IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the implementation of the Plan, shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, regarding the interpretation of the Plan, shall apply in regard to this Amendment. Attachment 4 To Report PSD- 014 -13 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2013- being a By -law to adopt Amendment No. 90 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 an increase the list of commercial uses permitted within existing buildings at 1540 Highway 2, Courtice; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 90 to the Clarington Official Plan being the attached Explanatory Text is hereby adopted. 2. This By -law shall come into force and take effect on the date of the passing hereof. BY -LAW passed in open session this day of , 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk Attachment 5 CORPORATION OF THE MUNICIPALITY OF CLARINGTON To Report PSD- 014 -13 BY -LAW NO. 2013- 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 2012 -0024; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1 PA "Section 16.5 SPECIAL EXCEPTIONS — GENERAL COMMERCIAL (C1) ZONE is hereby amended by adding thereto, the following new Special Exception zone 16.5.35 as follows: 16.5.35 GENERAL COMMERCIAL EXCEPTION (C1 -35) ZONE Notwithstanding .Section 16.1 b. those lands zoned C1 -35 as shown on the Schedules to this By -law shall be subject to the following uses and regulations: a. Permitted Non - Residential Uses i) Business, Professional or Administrative Office ii) Commercial School iii) Convenience Store iv) Day Nursery v) Dry Cleaning Distribution Centre vi) Eating Establishment vii) Eating Establishment, Take -out viii) Financial Office ix) Retail / Commercial Establishment x) Tavern xi) Private Club xii) Place of Entertainment xiii) Laundry, Coin - Operated xiv) Medical or Dental Clinic xv) Personal Service Shop xvi) Veterinarian Clinic xvii) Hotel xiii) Motel xix) Place of Worship b. A drive - through facility is not permitted. C. A portion or all of the required parking for lands zoned C1 -35 may be accommodated in an abutting EP -2 zone." "Section 16.5 SPECIAL EXCEPTIONS — GENERAL COMMERCIAL (Cl) ZONE is hereby amended by adding thereto, the following new Special Exception zone 16.5.36 as follows: 16.5.36 GENERAL COMMERCIAL EXCEPTION (C1 -36) ZONE Notwithstanding Sections 16.1 a. and 16.1 b. those lands zoned C1 -36 as shown on the Schedules to this By -law shall be subject to the following uses and regulations: a. Permitted Residential Uses — All Residential Uses shall be contained within buildings and structures which existed as of the date of passing of this by -law: i) Dwelling units existing at the date of passing of this by -law; and ii) Dwelling units as part of a building containing a permitted non- residential use(s). b. Permitted Non - Residential Uses — All Non - Residential Uses shall be contained within buildings and structures which existed as of the date of passing of this by -law: i) Business, Professional or Administrative Office ii) Commercial School iii) Convenience Store iv) Day Nursery v) Dry Cleaning Distribution Centre vi) Eating Establishment vii) Eating Establishment, Take -out viii) Financial Office ix) Retail / Commercial Establishment x) Tavern xi) Private Club xii) Place of Entertainment xiii) Laundry, Coin - Operated xiv) Medical or Dental Clinic xv) Personal Service Shop xvi) Veterinarian Clinic xvii) Hotel xiii) Motel xix) Place of Worship C. A portion or all of the required parking for lands zoned C1 -36 may be accommodated in an abutting C1 -35 and EP -2 zone. d. A drive - through facility is not permitted. e. No additions or expansions to the existing buildings within the lands zoned C1 -36 zone will be permitted." 3, Schedule "3" to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from "Special Purpose Commercial (C5) Zone" to "General Commercial Exception (C1 -35) Zone ", "General Commercial Exception (C1 -36) Zone ", "Environmental Protection (EP)" and "Environmental Protection Exception (EP -2)" as illustrated on the attached Schedule "A" hereto. 4. Schedule "A" attached hereto shall form part of this By -law. 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 passed in open session this day of , 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By -law 2013- , passed this day of , 2013 A.D. REGIONAL HWY 2 Zoning Change From "C5" TO "C1 -35" Zoning Change From "C5" TO "C1 -36" Zoning Change From "C5" TO "EP" ® Zoning Change From "C5" TO "EP -2" Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk