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HomeMy WebLinkAbout2004-120 CORPORATION OF THE MUNICIPALITY OF CI A~INr.:TnN CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- 120 . J . 1 being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington . , 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 applications ZBA 2003-038 and ZBA 2004-004 to permit the development of a convenience store and to implement the drive-through standards developed through the Bowmanville King Street East Corridor Study; I; ~! .' NOW THEREFORE, 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 adding a new Section 16,5,32 as follows: "16.5.32 GENERAL COMMERCIAL EXCEPTION (C1-32) ZONE (1) Notwithstanding Section 16.1 (b), those lands zoned C1-32 on the Schedules to this By-law may, in addition to the other uses permitted in the C1 zone, be used for a convenience store and a drive-through facility provided that the drive-through facility is developed in accordance with the provisions in Section 16.5.32.(2)(i) and (ii) are complied with. (2) Notwithstanding the provisions of 16.1(b), 16.3 (a), and 16.3 (b), no person shall use any land or erect or use any building or structure located in a C1-32 zone for any residential or non-residential purpose unless the provisions of this Section and the applicable provisions of the aforesaid By-law 84-63 are satisfied: i) With respect to non-residential uses, a drive-through facility shall not be erected or used on lands within a C1-32 zone, unless: (a) the lot on which the drive-through facility is located has an area of at least 3,000 square metres; (b) any loud speaker used to broadcast either a human voice or music to the exterior of the building or structure containing the drive-through facility which is affixed to the surface or other portion of the building or structure, or is affixed to or is mounted on a stand adjacent to an order board used by customers and located on the lot, and all portions of the stacking lane are located at least 12 metres from the boundary of any residential zone; (c) a stacking lane is provided and maintained on the lot on which the drive-through facility is located which stacking lane has a minimum length of 72 metres, a minimum width of 3 metres and entrance to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion of a lot line of the lot; (d) no part of a stacking lane is so located that at any time any mDtor vehicle which uses it will block, impede or interfere with the use of parking spaces required to be provided on the lot on which the drive-through facility is located; (e) a direct pedestrian walkway at least 1.5 metres wide which does not intersect with or cross the stacking lane is provided and maintained on the lot from the portion of a street line which coincides with a lot line of the lot to an entrance in the building containing the drive-through facility; and (f) notwithstanding the number of parking spaces required by Section 3.15(a) of the aforesaid By-law 84-63, not less than 12 parking spaces for each 100 square metres or any portion thereof of the gross floor contained in the building or structure erected or used for the purpose of the drive-through facility, are provided and maintained on the lot. ii) Notwithstanding Section 16.5.32(2)(i)(c) and (f), a drive-through facility which is not a drive-through eating establishment; a drive- through eating establishment, drive-in; or a drive-through eating establishment, take-out, are permitted if they satisfy the other provisions of Section 16.5.32(2)(i) and this By-law and the following requirements: (a) a stacking lane is provided and maintained on the lot, which stacking lane has a minimum length of 24 metres, a minimum width of 3 metres and any entrances to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion of a lot line of the lot; and (b) not less than 1 parking space for each 30 square metres of gross floor area contained in the building or structure, are provided and maintained on the lot. (3) In this Section, the term: "drive-through facility" means the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. A drive- through facility may be in combination with other uses such as: a bank or financial institution; dry cleaning establishment; dry cleaning distribution centre; eating establishment; eating establishment, drive-in; eating establishment, take-out; retail commercial establishment; service shop, light; service shop, personal; shopping centre; or supermarket; "residential zone" means an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exceptions to any of these zones provided in the aforesaid By-law 84-63; and "stacking lane" means an on-site queuing lane for motor vehicles which is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs." 2. Section 17.5 "SPECIAL EXCEPTIONS - NEIGHBOURHOOD COMMERCIAL (C2) ZONE" is hereby amended by adding a new Section 17.5.9 as follows: "17.5.9 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-9) ZONE (1) Notwithstanding Section 17.1 (b), those lands zoned C2-9 on the Schedules to this By-law may also be used for a drive-through facility provided that the drive-through facility is developed in accordance with the provisions in Section 17.5.9.(2)(i) and (ii) are complied with. (2) Notwithstanding the provisions of Sections 2, 17.1(b), 17.3 (a), and 17.3 (b), no person shall use any land or erect or use any building or structure located in a C2-9 zone for any residential or non-residential purpose unless the provisions of this Section and the applicable provisions of the aforesaid By-law 84-63 are satisfied: i) With respect to non-residential uses, a drive-through facility shall not be erected or used on lands within a C2-9 zone, unless: (a) the lot on which the drive-through facility is located has an area of at least 3,000 square metres; (b) any loud speaker used to broadcast either a human voice or music to the exterior of the building or structure containing the drive-through facility which is affixed to the surface or other portion of the building or structure, or is affixed to or is mounted on a stand adjacent to an order board used by customers and. located on the lot, and all portions of the stacking lane are located at least 12 metres from the boundary of any residential zone and at least 12 metres from the lot line of a lot on which an apartment building, a single detached dwelling, a semi- detached dwelling, a street townhouse dwelling or a triplex dwelling is erected; (c) a stacking lane is provided and maintained on the lot on which the drive-through facility is located which stacking lane has a minimum length of 72 metres, a minimum width of 3 metres and entrance to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion of a lot line of the lot; (d) no part of a stacking lane is so located that at any time any motor vehicle which uses it will block, impede or interfere with the use of parking spaces required to be provided on the lot on which the drive-through facility is located; (e) a direct pedestrian walkway at least 1.5 metres wide which does not intersect with or cross the stacking lane is provided and maintained on the lot from the portion of a street line which coincides with a lot line of the lot to an entrance in the building containing the drive-through facility; and (f) notwithstanding the number of parking spaces required by Section 3.15(a) of the aforesaid By-law 84-63, not less than 12 parking spaces for each 100 square metres or any portion thereof of the gross floor contained in the building or structure erected or used for the purpose of the drive-through facility, are provided and maintained on the lot. ii) Notwithstanding Section 17.5.9(2)(i)(c) and (f), a drive-through facility which is not a drive-through eating establishment; a drive- through eating establishment, drive-in; or a drive-through eating establishment, take-out, are permitted if they satisfy the other provisions of Section 17.5.9(2)(i) and this By-law and the following requirements: (a) a stacking lane is provided and maintained on the lot, which stacking lane has a minimum length of 24 metres, a minimum width of 3 metres and any entrances to it is located a minimum of 18 metres from a portion of a street line which coincides with any portion of a lot line of the lot; and (b) not less than 1 parking space for each 30 square metres of gross floor area contained in the building or structure, are provided and maintained on the lot. (2) In this Section, the term: "drive-through facility" means the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. A drive- through facility may be in combination with other uses such as: a bank or financial institution; dry cleaning establishment; dry cleaning distribution centre; eating establishment; eating establishment, drive-in; eating establishment, take-out; retail commercial establishment; service shop, light; service shop, personal; shopping centre; or supermarket; "residential zone" means an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four (R4) Zone and the term includes Special Exceptions to any of these zones provided in the aforesaid By-law 84-63; and "stacking lane" means an on-site queuing lane for motor vehicles which is separated from other vehicular traffic and pedestrian circulation by barriers, markings or signs." 3. Schedule "3" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - General Commercial ((H)C1) Zone" to "Holding - General Commercial Exception ((H)C1-32) Zone" "Holding - Neighbourhood Commercial ((H)C2) Zone" to "Holding - Neighbourhood Commercial Exception ((H)C2-9) Zone" as shown on the attached Schedule "A" hereto. 4. Schedule "A" attached hereto shall form part of this By-Law. 5. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990. BY-LAW read a first time this 10th day of May 2004 BY-LAW read a second time this 10th day of May 2004 BY-LAW read a third time and finally passed this 10th day of May 2004 II "nnJl A n II ~____.-II &1-.:_ 10th -1_.. _... M.:=IV This is Schedule "A" to By-law 2004- 120 passed this 10th day of May , 2004 A.D. , o <! o c:: z F c:: <! :2 HARTWELL AVENUE , , , J [::<:<::1 Zoning Change From "(H)C1" to "(H)C1-32" ~ Zoning Change From "(H)C2" to "(H)C2-9" (tZt{df;:;::- John Mutton, Mayor J Bowmanville