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Home My WebLink AboutPD-85-95DN: WILL- BYL.GTkiE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, July 10, 1995 Res, PD -85 -95 DEV 88 -54 Report #: File #: By -law # Subject: WILLSONIA INDUSTRIES ZONING BY -LAW NORTH SIDE OF HIGHWAY 2, WEST OF KEN HOOPER MEMORIAL FIRE STATION, BOWMANVILLE FILE: DEV 88 -54 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -85 -95 be received; 2. THAT the Solicitor be authorized to request the Board to vary its decision of December 23, 1994 by approving and passing the rezoning by -law that does not place a holding symbol on the Willsonia lands; 3. THAT the By -law identified as Attachment #2 to Report PD -85 -95 to implement the decision of the Ontario Municipal Board of December 23, 1994 be approved for submission to the Ontario Municipal Board to be passed in accordance with the Planning Act; and 4. THAT the interested parties be informed of Council's decision. 1. At the Ontario Municipal Board Hearing on the Bowmanville West Main Central Area, there were a total of 15 appeals or referrals under consideration, including the rezoning of the lands owned by Willsonia Industries Ltd. ( Willsonia). At the hearing, By -law 94 -16 (Attachment #1) was presented to the Board, having been given two readings by Council. The Boardfs decision of December 23, 1994 placed a number of restrictions on the Willsonia lands. The Board requested the solicitor for the Municipality to prepare revised legal instruments for all the matters before it, including Official Plan Amendment 599 69 REPORT NO.: PD -85 -95 PAGE 2 56, to implement its decision. A draft Board Order was prepared and circulated to all the parties. However, since there is some dispute on the proposed wording of the documents, the Board has been requested to hear the parties with respect to their concerns. The purpose of this report is to seek Council's approval for revisions to the Willsonia by -law to be submitted to the Ontario Municipal Board. 2. The Board's decision required that a number of revisions be made to the Willsonia by -law. These changes are as follows: • the uses be limited to those proposed by the proponent at the hearing; • the uses cannot include a general merchandise store, a clothing retail warehouse, a drug retail warehouse and a food retail warehouse; and • a holding provision be included to be prevent development of the lands until such time as the concerns regarding the possible contamination of soils are resolved. 3. The revised by -law (Attachment #2) implements the Board's decision by placing restrictions on the types of retail uses permitted on the Willsonia lands. As with the Markborough by -law, definitions of general merchandise store and clothing, drug and food retail warehouses have been incorporated. 4. With respect to the concern for contaminated soils, the Board's decision was as follows: 599 70 REPORT NO.: PD -85 -95 PAGE 3 Late into the hearing, the Board was made aware of the potential of on -site soils having been contaminated. Again, the Board agrees in principle with' the zoning by -law pertaining to the lands. The site plan is not before the Board. However, it takes cognisance of the request of counsel for the Municipality that the zoning by -law be placed in a holding category until such time as the Board is informed by the Municipality that the issue of contamination is resolved. Accordingly, the Board approves the by -law pertaining to the Willsonia lands but places it in a holding category in accordance with section 36 (1) of the Planning Act, 1990 but withholds its order. A report was prepared by consultants for the applicant and forwarded to the Ministry of the Environment and Energy. The Ministry has concluded that "the imported fill material did not result in contamination of the site" (See Attachment #3). As a result, it is no longer necessary that the holding provision be placed on the Willsonia rezoning by -law. It is recommended that Council authorize the Solicitor to request the Board to vary its decision of December 23, 1994 so that it approves and enacts a zoning by -law without placing the Willsonia lands in a holding category. It is noted that the revised by -law identified as Attachment #2 still contains the holding symbol. 5. CONCLUSION It is recommended that the solicitor be authorized to do the following: • submit the new by -law identified as Attachment #2 to the Board and request that it be passed; and, • request the Board to vary its decision with respect to the placement of the holding symbol on the zoning of the 599 71 lands. REPORT NO.: PD -85 -95 PAGE 4 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development Reviewed by, fy "' W.H. Stockwell Chief Administrative Officer DC *FW *df 30 June 1995 Attachments: 1. By -law 94 -16 2. Revised By -law 94 -16 3. Letter from Ministry of the Environment and Energy dated March 15, 1995 Interested parties to be notified of Council and Committee's decision: Mr. Glenn Willson Willsonia Industries Ltd. P.O. Box 488 140 Bond Street West Oshawa, Ontario. L1H 7L8 Mr. Ronald Worboy 153 Simcoe Street North P.O. Box 21 Oshawa, Ontario. L1H 7K8 Ghods Builders Inc. 333 Sheppard Avenue East Suite 300 Willowdale, Ontario. M2N 3B3 Mr. Jeffery L. Davies Davies Partners Lawyers Suite 300 166 Pearl Street Toronto, Ontario. M5H 1L3 Mr. William J. Daniell The Kaitlin Group 1029 McNicholl Avenue Scarborough, Ontario. M1W 3W6 Mr. John E. Davies Shopping Centres Group Markborough Properties Inc. 1 Dundas Street West Suite 2800 Toronto, Ontario. M5G 2J2 Mr. Ronald K. Webb Davies, Webb & Schulze Barristers and Solicitors Brampton Executive Centre 8 Nelson Street West Suite 600 Brampton, Ontario L6X 4J2 599 7? REPORT NO.: PD -85 -95 PAGE 5 Mr. Roger Elliott Fasken Campbell Godfrey Barristers and Solicitors Toronto - Dominion Bank Tower P.O. Box 20 Toronto - Dominion Centre Toronto, Ontario. M5K 1N6 Mr. Al Strike Strike, Salmers and Furlong 38 King Street West Box 7 Bowmanville, Ontario. L1C 3K8 Mr. Brian Roy Regional Solicitor Regional Municipality of Durham 605 Rossland Road East Whitby, Ontario. L1N 6A3 Ms. Lynda F. Townsend Barrister and Solicitor 1556 Dundas Street West Mississauga, Ontario. L5C 1E4 Valiant Property Management 177 Nonquon Road 20th Floor Oshawa, Ontario. L1G 3S2 599 7� 1 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By -Law Number 94- 16 Being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle in accordance with Application DEV 88 -54 and Amendment 56 to the Official Plan of the former Town of Newcastle, to permit the development of lands for certain C1 uses; AND WHEREAS said By -law shall be passed pursuant to Section 24(4) of the Planning Act, whereby it would not come into effect until such time as the related Official Plan Amendment has received approval from the Ministry of Municipal Affairs or the Ontario Municipal Board; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of Clarington enacts as follows: 1. Section 16.5 "Special Exception - General Commercial (C1) Zone" is hereby amended by adding thereto, the following new Special Exceptions 16.5.15 and 16.5.16 as follows: "16.5.15 GENERAL COMMERCIAL EXCEPTION (C1 -15) ZONE: Notwithstanding Sections 16.1 and 16.3 of By -law 84 -63, those lands zoned (C1 -15) shown on the map contained in Schedule "A" to this By -law shall be used and any buildings or structures thereon shall be constructed and used in accordance with the following definitions and zone regulations: a) Definitions i) Business establishment Shall mean a building which contains any one or more of a retail /commercial establishment, a personal service shop, a business, professional or administrative office, or a financial office whether or not the building is or is part of a shopping centre. ii) Limit of Streets and proposed Streets Shall main the lines identified as "Limit of Street" on the Plan contained in Schedule "A" attached to and forming part of this By -law. iii) Facade of the business establishment Shall mean the portion of the exterior wall located between finished grade and the level which is 3 metres above finished grade of a business establishment which wall faces either an existing street or a proposed street shown on the Plan contained in Schedule "A" attached to and forming part of this By -law. iv) Street - related entrance Shall mean one of the principal entrances to each business establishment with a minimum height of 2.1 metres and a minimum width of 0.9 metres D 120NING.WIL -2- located in part in the facade of the business establishment which is at or within 0.2 metres above or below finished grade, which shall be recessed from the facade of the business establishment a minimum of 1.0 metre. b) Permitted Residential Uses Dwelling units located in a storey higher than the first storey of a building which contains permitted non - residential uses in its first storey. c) Permitted Non - Residential Uses A maximum of 3241 square metres of leasable total floor area may be constructed and used for the C1 purposes set out in Section 16.1 (b) provided that the following restrictions, prohibitions and regulations are complied with: Restrictions: i) not more than one financial office comprising the premises of 1 bank, 1 trust company, or 1 credit union may be constructed and used; no business, professional or administrative office; medical or dental clinic; or financial office shall be located on in a first storey of any building provided that not more than 1 financial office comprising I bank, 1 trust company's premise or 1 credit union's premises may be constructed and used in the first storey of the building. Prohibited uses: i) take -out eating establishment; ii) eating establishment with drive - through service. Regulations: i) location of building from northerly limit of Highway No. 2 - a minimum of 5 metres ii) location of building from westerly limit Part 3 of IOR -411 - a minimum of 40 metres iii) location of building from the "Limit of Street" which is the southerly limit of Proposed Street E - a minimum of 0 metre iv) landscaped open space - a minimum of 15 percent of the lot area V) height of building - a maximum of 4 storeys vii) the easterly facade of the business establishment constructed within the C1 -15 Zone shall abut the "Limit of Street" which is the westerly limit of 599 75 -3- Proposed Street B provided that no more than 75% of the length of such facade may be constructed up to 5 metres westerly of the "Limit of Street" which is the westerly limit of Proposed Street B. viii) street - related entrances to business establishments shall be constructed at locations in the facade of business establishments at a maximum distance of 14 metres from the centre of the nearest street - related entrance to the street - related entrance in question. ix) a minimum of 25% of the facade of the business establishment shall be constructed of transparent glass, 16.5.16 GENERAL COMMERCIAL EXCEPTION (C1 -16) ZONE: Notwithstanding Section 16.1 and 16.3, those lands zoned (C1 -16) shown on the map contained in Schedule "A" to this By -law shall be used and any buildings or structures thereon shall be constructed and used in accordance with the following zone definitions and regulations: a) Definitions For the purpose of the C1 -16 Zone, the definitions contained in the C1 -15 Zone shall apply. b) Permitted Residential Uses No residential dwelling units are permitted to be constructed or used. C) Permitted Non - Residential Uses A maximum of 475 square metres of leasable total floor area may be constructed and used for either or both the purpose of an eating establishment and a tavern provided that the following regulations are complied with: Regulations: i) location of building from northerly limit of Highway No. 2 - a minimum of 5 metres ii) location of building from easterly limit of Part 3 shown on 1OR -411 - a minimum of 15 metres iii) landscaped open space - a minimum of 20 percent of the lot area iv) height of buildings - a maximum of 4 storeys V) the westerly facade of the business establishment constructed within the C1 -16 Zone shall abut the "Limit of Street" which is the easterly limit of Proposed Street B shown on the aforesaid Schedule A, provided that no more than 60% of the length of such facade may be constructed up to 2 metres easterly of the "Limit of Street" which is the easterly limit of Proposed Street B. 599 76 -4- vi) street - related entrance to the business establishment constructed in the C1 -16 Zone shall be constructed at a location in the facade of business establishment which faces Proposed Street B shown on the aforesaid Schedule A. vii) A% minimum of 25% of the facade of the business establishment shall be constructed of transparent glass." 2. Schedule "3" to By -law 84 -63 as amended is hereby further amended by changing the zone category from: "Agriculture (A) Zone" to - General Commercial Exception (C1 -15) Zone" and' "Agriculture (A) Zone" to - General Commercial Exception (C1 -16) Zone ". 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 thereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this 24th day of January 1994, BY -LAW read a second time this 24th day of January 1994, BY -LAW read a third time this day of 1994. MAYOR CLERK 599 77 This is Schedule "A" to By-law _16 passed this 24th day of January' A.D. V N 1--( 165.73 -0 �V Z j'r I -1'r ILIMIT OF STREET LOT 16 LOT 15 N71028'00 "E ?-1 W O Z Mayor 0 40 80m 20m ZONING TO REMAIN "A" ZONING CHANGE FROM l TO ZONING CHANGE FROM TO LOT 17 LOT 16 LOT 15 Clerk BOWL %ANVILLE 599 78 ��;� m , DN: BYLAW -3.WIL Attachment # THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NUMBER 94 -16 The Ontario Municipal Board hereby enacts as follows: 1. Section 16.5 "Special Exceptions - General Commercial (C) Zone" is hereby amended by adding thereto, the following new Special Exceptions 16.5.15 and 16.5.16 as follows: "16.5.15 GENERAL COMMERCIAL EXCEPTION (C1 -15) ZONE: Notwithstanding Sections 16.1 and 16.3 of By -law 84 -63, those lands zoned (C1 -15) shown on the map contained in Schedule "A" to this By -law shall only be used and any buildings or structures thereon shall only be constructed and used in accordance with the following definitions and zone regulations: a) Definitions i) Business establishment Shall mean a building which contains any one or more of a retail/commercial establishment, a department store, a general merchandise store, a clothing retail warehouse, a drug retail warehouse, a food retail warehouse, a personal service shop, a business, professional or administrative office, or a financial office whether or not the building is part of a shopping centre. ii) Business establishment facade Shall mean the portion of the exterior wall located between finished grade and the level which is 3 metres above finished grade of a business establishment which wall faces either an existing street or a proposed street shown on the Plan contained in aforesaid Schedule 1AII iii) Clothing retail warehouse Shall mean a building or part of a building suitable for occupation by a single user which contains at least 1,800 square metres of leasable total floor area, of which at least 80 % is visible to shoppers, and is used for the combination of storage and display for the retail sale of clothing, apparel and /or related fashion accessories in a warehouse format. iv) Department store Shall mean a retail/commercial establishment containing a minimum of 5,000 square metres of leasable total floor area organized into a number of individual departments and primarily engaged in the sale to the public of a wide variety of commodities, including clothing, hardware, home furnishings, and household appliances. v) Drug retail warehouse Shall mean a building or part of a building suitable for occupation by a single user, which contains at least 1,800 square metres of leasable 599 79 total floor area, of which at least 80 % is visible to shoppers, and is used primarily for the combination of storage and display for the retail sale of non - prescription medicines, health and beauty aids, personal hygiene products, confectionary items and stationary in a warehouse format, provided that the drug retail warehouse includes a prescription pharmacy. vi) rood retail warehouse Shall mean a building or part of a building suitable for occupation by a single user which contains at least 4,600 square metres of leasable total floor area, of which at least 80 % is visible to shoppers, and is used primarily for the combination of storage and display for the retail sale of food, cleaning and laundry supplies, personal hygiene products, small household items, confectionary items and sundries in a warehouse format. vii) General merchandise store Shall mean a retail/commercial establishment containing less than 5,000 square metres of leasable total floor area primarily engaged in the sale of a variety of commodities which include all or several representatives of the following categories of merchandise: clothing, hardware, home furnishings, household appliances, sporting goods and toys. However, the term "general merchandise store" does not include an automotive parts or accessories store, a convenience retail store, a department store, a drug store, a food store, and a specialty retail store engaged primarily in the sale of a particular commodity such as, but not limited to, a book store, a clothing store, a jewellery store and a shoe store. viii) Street - related entrance Shall mean one of the principal entrances to each business establishment with a minimum height of 2.1 metres and a minimum width of 0.9 metres located in part in the business establishment facade which is at or within 0.2 metres above or below finished grade, which entrance shall be recessed from the business establishment facade a minimum of 1.0 metre. ix) Westerly streetline of proposed Clarington Boulevard Shall mean a line separating part 1 from part 4 on a plan of survey of record deposited in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Plan 4011- . b) Permitted Residential Uses Dwelling units located in a storey higher than the first storey of a building which contains permitted non - residential uses in its first storey. c) Permitted Non - Residential Uses A maximum of 3241 square metres of leasable total floor area may be constructed and used for the following purposes: 599 80 i) assembly hall; ii) bakery shop; iii) business, professional or administrative office provided that such office shall be located in a second storey or greater of any building; iv) financial office provided that such office shall be located in a second storey or greater of any building; v) notwithstanding Section 16.5.15 (c)(iv) above, one of a bank, a trust company or a credit union may be located in a first storey of any building; vi) day nursery; vii) dry cleaning distribution centre; viii) eating establishment with no vehicular drive - through service; ix) medical or dental clinic provided that such clinic shall be located in a second storey or greater of any building; x) parking lot; A) place of entertainment; xii) printing or publishing establishment; xiii) private club; xiv) retail/commercial establishment provided that no general merchandise store, clothing store, jewellery store, shoe store, fashion accessory store, yarn and fabric store, hardware store, furniture store, home furnishing store, clothing retail warehouse, drug retail warehouse, and food retail warehouse may be constructed and used; xiv) service shop, personal d) Regulations: i) location of building from northerly limit of Highway No. 2 - a minimum of 5 metres ii) location of building from the westerly limits of the lands zoned C1 -15 as shown on the aforesaid - a minimum of 40 Schedule "A" metres iii) location of building from the northerly limits of the land zoned C1 -15 lands as shown on aforesaid - a minimum of 0 Schedule "A' metres iv) landscaped open space - a minimum of 15 percent of the lot area v) height of building - a maximum of 4 storeys 5 9 8� vi) the easterly business establishment facade constructed within the C1 -15 Zone shall abut the westerly streetline of proposed Clarington Boulevard provided that no more than 75% of the length of such facade may be constructed up to no more than 5 metres further westerly from such line. vii) street - related entrances to business establishments shall be constructed at locations in the business establishment facade at a maximum distance of 14 metres from the centre of the nearest street - related entrance to the street - related entrance in question. viii) a minimum of 25% of the business establishment facade shall be constructed of transparent glass. 16.5.16 GENERAL COMMERCIAL EXCEPTION (C1 -16) ZONE: Notwithstanding Sections 16.1 and 16.3, those lands zoned (C1 -16) shown on the map contained in Schedule "A" to this By -law shall only be used and any buildings or structures thereon shall only be constructed and used in accordance with the following zone definitions and regulations: a) Definitions i) The applicable definitions of the C1 -15 zone contained in Section 16.5.15 shall apply to the C1 -16 Zone. ii) Easterly streetline of proposed Clarington Boulevard Shall mean the line separating part 1 from part 5 on a plan of survey of record deposited in the Land Registry Office for the Land Titles Division of Durham (No. 40) as Plan 40R- b) Permitted Residential Uses No residential dwelling units are permitted to be constructed or used. c) Permitted Non - Residential Uses A maximum of 475 square metres of leasable total floor area may be constructed and used for the purpose of an eating establishment. d) Regulations: i) location of building from northerly limit of Highway No. 2 - a minimum of 5 metres and a maximum of 8 metres ii) location of building from easterly limit of the lands zoned C1 -16 as shown on the aforesaid Schedule "A" - a minimum of 15 metres iii) location of building from northerly limit of the lands zoning C1 -16 as shown on the aforesaid Schedule "A" - a minimum of 20 metres ►a 3 4. iv) landscaped open space - a minimum of 20 percent of the lot area v) height of buildings - a maximum of 4 storeys vi) the westerly business establishment facade constructed within the C1 -16 Zone shall abut the easterly streetline of proposed Clarington Boulevard, provided that no more than 60% of the length of such facade may be constructed up to 2 metres easterly of the westerly limit of the lands zoned C1 -16 as shown on the aforesaid Schedule "A ", vii) street - related entrances to the business establishments constructed in the C1 -16 Zone shall be constructed at a location in the business establishment facade which faces the westerly limit of the lands zoned C1 -16 on the aforesaid Schedule "A ". viii) a minimum of 25% of the business establishment facade shall be constructed of transparent glass." Schedule "3" to By -law 84 -63 as amended is hereby further amended by changing the zone category from: "Agriculture (A) Zone" to - "Holding General Commercial Exception ((H)C1 -15) Zone" and "Agriculture (A) Zone" to - "Holding General Commercial Exception ((H)C1 -16) Zone ". 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. BY -LAW passed by the Ontario Municipal Board this day of 1995. J.R. MILLS, MEMBER C.A. BEACH, MEMBER 599 83 This is chdul " to By-law , passed this day of—,1995A.D. 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