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Home My WebLink AboutPSD-096-05 Report 1110 ClfJlmgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: Date: COUNCIL Monday June 27, 2005 Report #: PSD-096-05 File #: ZBA 2005-021 By-law #: Subject: COMMERCIAL POLICY REVIEW: GENERAL AMENDMENT TO ZONING BY.LAW 84-63 AND THE REZONING OF CERTAIN LANDS IN THE BOWMANVILLE WEST TOWN CENTRE RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT the proposed zoning by-law amendment contained in Attachment 2 be referred back to staff for further consideration and review in light of the submissions made; and 2. THAT notice of Council's decision be forwarded to the Region of Durham and all persons or bodies that requested notification of this decision. c),~.J)~ L~ Reviewed by: Franklin Wu, Chief Administrative Officer CP*DJC*SN*DF June 23, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-083 REPORT NO.: PSD-096-05 PAGE 2 1.0 INTRODUCTION 1.1 The Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review resulted in proposed Amendments 43 and 44 to the Clarington Official Plan. These amendments were considered by the General Purpose and Administration Committee on June 13, 2005 and referred back to staff. 1.2 The Commercial Policy Review was undertaken in part to consider several applications submitted by various landowners in the Bowmanville West Main Central Area to amend the Clarington Official Plan and Zoning By-law 84-63. These applications are detailed as follows. Hallowav Holdinqs Halloway Holdings submitted an application on July 21, 2003 to amend the Official Plan and the Zoning By-law for a 6.92 hectare parcel on the north-east corner of Green Road and Highway 2. The proposal was to permit: . A 98,641 sq. ft. Home Depot store with an 18,648 sq, ft. garden centre at the north- west corner of Uptown Avenue and Clarington Boulevard . 59,880 sq. ft. of additional large format commercial floorspace; and, . Three retail pads along Highway 2 totaling 19,348 sq. ft. A site plan application was received on May 17, 2005, which has been circulated to relevant agencies for comment. Home Depot is proposed to own and occupy most of the eastern half of the property. West Diamond/Plavers West Diamond Developments Inc. and Players Business Park Limited (West Diamond/Players) submitted their initial applications on February 1, 2002 for the lands on the north west comer of Highway NO.2 and Green Road. On February 10, 2003, they submitted revised applications to amend the Official Plan and the Zoning By-law. The proposal is for: . A 111,135 sq. ft. Wal-Mart store, with a subsequent Phase 2 expansion to 151,135 sq. ft.; . A 142,641 sq ft. Real Canadian Superstore (Loblaws) with a subsequent Phase 2 expansion to 164,000 sq. ft.; . 40,550 sq. ft. of smaller retail and service stores along the Highway 2 frontage; and, . A Loblaws brand gas station with a convenience store and car wash at the north- west corner of Highway 2 and Green Road. Loblaws - Clarinqton Centre Loblaws owns a 2.44 hectare parcel within Clarington Centre, south east corner of Highway NO.2 and Green Road, which contains a 50,000 sq. ft. supermarket. They currently have two sets of opposing applications before the Municipality as follows: REPORT NO.: PSD-096-05 PAGE 3 . An application to amend the Clarington Official Plan (COPA 2000-003) as well as rezoning (ZBA 2000-020) and site plan (SPA 2000-017) applications to permit a proposed 37,700 sq. ft. expansion of the existing supermarket; and, . A rezoning application (ZBA 2003-043) to delete the zoning regulation for the Clarington Centre, requiring a food store to operate within Clarington Centre on lands zoned "C1-14A". 1.3 The Official Plan AmendrT)ent and Rezoning applications identified above have been appealed to the Ontario Municipal Board. The purpose of this report is to submit proposed zoning amendments which would implement the policies of Proposed Official Plan Amendments 43 and 44. The proposed zoning amendments do not include all of the lands in the Bowmanville West Town Centre but focus on five sites in particular: . The West DiamondlPlayers commercial site referred to above . The Halloway Holdings site referred to above . The Clarington Centrel Loblaws site referred to above . The Canadian Tire Store site . The office block on the south-west corner of Highway 2 and Regional Road 57 The five sites are identified on the key map (Attachment 1). 2.0 PROPOSED ZONING AMENDMENT 2.1 Attachment 2 contains the proposed zoning by-law amendment. Although it is one by- law, it has different components to it which are described below: 2.2 General Amendment The first part of the amendment contains definitions and general provisions that apply not only to lands in west Bowmanville, but to lands throughout the Municipality. The definitions being added to Section 2 assist in the implementation of the regulations proposed for Section 3. The proposed amendment to Section 3, General Provisions of By-law 84-63 adds new regulations as follows: a. a reduction in the length of a parking space size adjacent to a landscape strip; b. a provision for the size and number of parking spaces required for physically disabled individuals as a component of the total parking on site; and c. a requirement for bicycle parking to be provided with new commercial developments. 2.2 Laroe Format Retail Commercial Zone I n order to implement the provisions of the General Commercial designation contained in Official Plan Amendment (OPA) 44, a new "Larger Format Commercial (C8) Zone" was created. The existing "Highway Commercial (C8) Zone" and all its provisions, which was added specifically as a result of applications for the lands at the northwest REPORT NO.: PSD-096-05 PAGE 4 corner of Highway No 2 and Green Road, is being deleted in its entirety and replaced with a new "Larger Format Retail Commercial (C8) Zone. The new C8 zone provisions contain definitions specific to the new zone, including terms identifying large and small retail format stores. Regulations for permitted uses, building sizes, building location relative to a public or private street, and building articulation and fenestration (glazing). Provisions are also provided dealing with screening of loading areas, parking, and landscaping. Drive-through uses are permitted in this zone subject to regulations detailing the stacking requirements and location of the stacking lane. Exception zones have been proposed for the West DiamondlPlayers property and the Halloway Holdings site. The exception zones, generally require all of the parent zone provisions to be satisfied, and in addition, consistent with OPA 44, the exception zones detail the maximum amount of total floor area permitted on the portion of the West Diamond/Players site and Halloway Holdings site zoned C8. 2.3 Street-Related Retail Commercial Zone A new "Street-Related Commercial (C9) zone" has been created to implement the 'Street Related Commercial' designation and urban design policies of OPA 44. This new zone limits the total floor area of an individual store to 800 square metres or less. Similar to the C8 zone provisions, definitions specific to the new zone are included. Regulations for permitted uses, building height, building location relative to a public or private street, and building articulation and fenestration. In addition, this zone provides provisions for the location of the business entrance of an individual store. Provisions dealing with screening of loading areas, parking, and landscaping are also permitted. Similar to the C8 zone, specific C9 Exception zones containing maximum total floor area permissions are proposed for the portions of the West Diamond/Players property, the Halloway Holdings property, the Canadian Tire property, and the Clarington Centre lands designated 'Street-Related Commercial'. The C9 exception zones includes a specific public use zoned property on the West DiamondlPlayers property on 0.5 ha of land at the corner of Boswell and Highway NO.2 2.4 Clarinoton Centre The majority of the Clarington Centre lands are designated 'General Commercial'. However, the C8 zone provisions were not applied to this site. Rather the existing zoning for Clarington Centre (C1-14A and C1-14B) was amended to delete the provisions that apply to the lands designated Street-Related Commercial as noted above. The majority of the zone provisions were retained and the zoning was renamed C1-14. The requirement for a Supermarket has not been deleted from the provisions of the zone at this time. Staff will review this aspect further prior to finalizing the proposed zoning by-law amendment. REPORT NO.: PSD-096.05 PAGE 5 2.5 South-west corner of Reaional Road 57 and Hiahwav NO.2 The lands at the south-west corner of Regional Road 57 and Highway NO.2 are designated Office Commercial. Much of the site is zoned "Agricultural (A)" however a "Neighbourhood Commercial Exception (C2-4)" zone was placed on this property in 1993 to allow a McDonald's restaurant to establish. It only occupies a small portion of the site. The attached by-law amendment does not include a zone category implementing the Office designation at this time. However it is proposed that the existing commercial zoning (C2-4), which occupies a small portion of the lands immediately on the corner is proposed to be zoned to similar to the balance of the lands in this area. 3.0 CONCLUSION 3.1 It is recommended that the proposed zoning by-law amendments be referred back to staff for further consideration in conjunction Official Plan Amendments 43 and 44. Attachments: Attachment 1 - Site Map Attachment 2 - Draft By-law List of interested parties to be advised of Council's decision: Henry Joseph Ari Yasa Ron Worboy B. Westerman Beth Kelly, Valiant Property Mgmt. Bob Hann, Valiant Property Mgmt. John Vanderkooi Eileen Costello, Aird & Berlis LLP Gwen Wallace Lyn Townsend, Lynda Townsend-Renaud Law Brent Clarkson, MHBC Planning Limited Heather Muir Carol Duffy Bruce Curl Jim and Suzanne Gregory Stan Stein, Osler Hoskin & Harcourt Todd Gibbon Bill Humber Linda Moore Ron Hooper George Kloos Richard Lange Leroy Clarke Ted Watson Hannu Halminen, Halminen Homes Limited Jennifer Stone, This Week Newspapers Brian O'Connor Richard Marchant David Butler, The Buller Group Inc. Peter Smith, Bousfields Inc. Bryce Jordan. G.M. Sernas Associates Carmela Cupelli Scott Houghton Nancy Lewis Maryann Fines E.C. Braham Sue Sedlak N. Gummon Otto Provenzano S. Fraser Bill Hinbert Doug Finnson and Terri Bickwell-Potts Duncan McPherson REPORT NO.: PSD.096-05 PAGE 6 Trevor Small Ellen Cowan Peter Vogel Ray and Joyce Atkinson Margaret Zwart Ira Kagan, Kagan, Shastri, Barristers & Sol. Brian Fraser Mark Rowe Rudi Van Wijngaarden Paul & Anne-Marie Halliday John Huber James Scarth John and Lilian Bouma B. Haines Lilly T. Hinton Mary-Ann Kalotai Diane James Costantine Bruno Richard Rekker Alan Vaillancourt Mavis Carlton Rick Hofstede The Greater Toronto Transit Robert DeGasperis, Metrus Properties Inc. Yolanda Gjaltema John & Lillian Bouma Marvin Green, River Oaks Group Kathy Pandell. Geoffrey L. Moore & Associates Ltd. Marianne Zwyers Lakeshore Group Carmine Cupelli George Ibanez Lawrence Hellinga R. Tukker A. Sorg Bryan MacLean Linda Hallett and George loanidis Doug Woods Frank W. Lockhart J. Sproatt Mike Dome Celeste Terry, Durham Regional Planning Gail Rickard James Vinson Ian Smith Anthony Turnbull Evelyn Rosario Suzanne McCrimmon, Clarington Board of Trade Jim Russell John Shewchuk, Royal LePage Frank Real Estate Paul Wilson Philip Brent Peter Walker, Walker Nott Dragecivic Associates Limited Steve Zakem, Aird & Serlis LLP Scott Arbuckle, Planning & Engineering Initiatives Ltd. David Crowell, A & P Properties Limited Terry and Phyllis Price Roslyn Houser, Goodmans LLP Rick Gay, Gay Company Limited 1t:::: Hi I ~ B~~ ~ ---- ~ ~ ~ i 5 4- ;- ~ ~ \ <( c. <:: 0. ell <( c.. 0> ro"~ I "u 0 IE ~ o..."al<n~ o 0:: I I o 0 I - - II ~ U t5 Q) Q) 'E E ::> ::> If) If) ell ell '0 Q) Q) }[Ui 'fNOIE)31::1 ~ II ~ '\ ~~ ~ \., , ! FlI--'/ II III II TIZ;>;;; 7=J!'-! III/! <t"' """',.... I 1/=1~ IIII/^': ., ~ ~~. rm\\Y ~ .~~-!: II :HIII~III ~~ '/ ,i . 8---11111. ~ ., ~"'"~^,.''' ~~' A. I 111111111111 I I\\'-.'t= "~ ~/ (IT,," <~~ :. - Q I ~ . ~ I ;-w T / Iii I ~ ...., I -I ATTACHMENT 1 ~I ~i ~ Jf r;.; h 17 I Ii! ! I r 1-/ f-t:f:7 f;.~~., 0\111111111111 =---= 1:::''--- == ---::---j \ "I-- 1IIIilllllll :::::='=---'("<<f. \ .~ ~ ~ ~1I1111:IIII,lI11:lim~ !F /// \ \ ffi'Olj A3llJ3^,;lM O\fO\J A3ll;3N.M >- a\;,?? A3 I ~~~ \\\\\ ! I I . .Jlf-II . ~~ \\ I;L,,~;L,~J,llI \ \ I! I "I l!rIILL,,~, "I ~;~. ~=I.I ~ I U- :; \ \\.~~~,- ==~ ~ ~ I ~ Y.Allllllb ==. ~ ~ \ ~ ~\1!1 1fT ~~~ ~ \ \ ~ ;/)rmmm~~ ~ mrrrrnG i f---\ ~\\'\1 I I m Q'I'Ol:lNI.lll'lfN ,...l. (]\(()<lNIUIWll ~ ~ r]g~~ ~ ~ J \ ">.'11\ Ili111! ~~ \ ,VlliW~~~ i 111111111 'J o. . :or Q ~ .,,~w"mo /' AiJ, ~ ~ . i~ ""-\\\ M ~ ~ ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-_ being a By-law to amend By-law 84-63. respecting certain of its provisions including provisions applicable to certain lands in the Bowmanville West Town Centre WHEREAS the Council of the Corporation of the Municipality of Clarington deems it expedient to amend By-law 84-63, as amended, to implement certain recommendations of the Commercial Policy Review and the West Bowmanville Main Centrai Area Sec:ondary Plan Review; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. By-law 84-63, as amended, is further amended as follows: a) By adding to Section 2, thereof, the following new definitions in alphabetical order as follows: '0) Bicycle Rack: shall mean a structure fixed to the ground or a building providing a location to park and secure a bicycle to. (ii) Landscaping Strip: shall mean an area of land used for anyone or more of the planting of shrubs, flowers, grass or other horticultural elements, such as decorative stonework, fencing, or screening. (iii) Accessible Parking Space: shall mean a parking space that is designed and identified to be uses by persons with a disability. (iv) Residential Zone: shall mean 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:' b) By adding a new clause (ii) to Section 3.16 a) as follows: 'Iii) Each parking space for a person with a disability shall be a minimum 4.5 metres wide and 5.7 metres long, unless two or more parking spaces for a person with a disability are located abutting each other, in which case each space shall be a minimum 3.4 metres wide and 5.7 metres long. And renumbering the clauses of Section 3.16 a) accordinglY:' c) By adding at the end of Section 3.16 a) the following new table: Number of Parking Spaces Required By Parking Spaces for Physically Parking Space Reauirement Table 3.16(~1 Disabled : 1 t025 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 I 501 to 1 000 2% of total 21 spaces plus 1 space for every Greater than 1000 additional 100 spaces or part thereof over 1000 Darkino SDaces Nursing homes, retirement homes, hospitals, medical and dental clinic shall provide twice the number of parking spaces for the physically disabled as shown in the column above. d) By adding a new clause (iii) to Section 3.16 a) as follows: 'Iii Parking space size perpendicular to a landscaping strip may be reduced in size to 5.2 metres in length by 2.75 metres in width. And renumbering the clauses of Section 3.16 a) accordingly, and all references to Sections of the By-law following 3.16 a) shall be adjusted accordingly~ e) By adding a new clause (vi) to the end of Section 3.16 a) as follows: '~ A bicycle rack shall be erected on the lot of all new commercial developments:' f) By repealing the text of Sections 16.5.14 and replacing it with the following new text "16.5.14 GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE Notwithstanding Sections 3.13, 3.16, 16.1 and 16.3 of By-law 84-63, those lands zoned Cl-14 as shown on the Schedules to this By-law shall only be used and any buildings or structures thereon shall only be constructed and used in accordance with this By-law and the following definitions and zone regulations: a) For the purpose of this Section, the term: (i) Business establishment shall mean a building, which contains any one or more of the permitted uses on lands zoned (Cl-14). (ii) Business establishment fa9ade: 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 a public street or a public street shown on Schedule to this By- law. (iii) 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. (iv) Street-related entrance: shall mean one of the principal entrances to each business in a business establishment which shall have a minimum height of 2.1 metres and a minimum width of 0.9 metres and shall be located in the part of the business establishment facade which is at or within 0.2 metres above or below finished grade, provided that the street-related entrance shall be recessed from the business establishment facade a minimum of 1.0 metres. b) Permitted Residential Uses: No residential dwelling units are permitted to be constructed or used. c) Permitted Non-Residential Uses: A shopping centre containing a maximum of 16330 square metres of total floor area may be constructed or used for anyone or more of the following purposes: (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) day nursery; (v) department store; (vi) dry cleaners distribution centre; (vii) eating establishment with no vehicular drive-through service; (viii) eating establishment-take out; (ix) one financial office; (x) medical or dental clinic: provided that such clinic shall be located in a second storey or greater of any building; (xi) place of entertainment; (xii) printing or publishing establishment; (xiii) private club; (xiv) retail/commercial establishment; (xv) service shop, personal; (xvi) supermarket; (xvii) notwithstanding clause (iii), and (x) above, up to 929 square metres of total fioor area in the first storey of a building may be used for the purpose of a business, professional or administrative office, or medical or dental clinic; (xviii) convenience store; and, (xix) veterinary clinic. d) Regulations: (i) no building may be used on anyone or more portions of the lands zoned (C1-14) for the purposes of one or more of the permitted non- residential uses listed in Section 16.5.14 of the By-law unless a department store, which contains at least 6500 square metres of total fioor area. (ii) a maximum of 16330 square metres of total fioor area may be constructed and used. (iii) location of building from the southerly limit of Highway No.2 and easterly limit of Green Road (minimum) 3 metres (iv) location of building from the northerly limit of Prince William Boulevard (minimum) 5 metres (v) landscaped open space (minimum) 20 percent (vi) height of buildings (maximum) 4 storeys (vii) loading spaces (minimum) 5 (viii) notwithstanding clause (iv) above 90 metres of the southerly business establishment fa<;:ade may be constructed up to metre from the northerly limit of Prince William Boulevard. (ix) all entrances used or intended to be used by the public to access each business in a business establishment shall be located in an exterior wall of the business establishment, and for greater clarity such access shall not be achieved through an enclosed pedestrian mall. (x) Parking space dimensions (minimum) 2.6 m width 5.5 m lengttf g) By repealing the title and text of Section 22A and by replacing it with a new title and text of Section 22A as follows: "12A. LARGER FORMAT COMMERCIAL (C8) ZONE 22A.1 Section 22A applies to lands zoned (C8) by this By-law. For the purpose of Section 22A, the term: (i) Business Establishment: shall mean a building, which contains any one or more of the permitted non-residential uses within the (C8) zone. (ii) Business Establishment Entrance: a) For stores with a total floor area greater than 2,500 m2 shall mean one of the principal entrances to a business establishment, which shall have a minimum height of 2.1 metres and a minimum width of 3.0 metres and shall be located in the part of the business establishment fayade, which is at or within 0.2 metres above or below finished grade. b) For stores with a total floor area of 2500 m' or less than 2,500 m' shall mean one of the principal entrances to a business establishment, which shall have a minimum height of 2.1 metres and a minimum width of O.g metres, shall be located in the part of the business establishment fayade, which is at or within 0.2 metres above or below finished grade, and shall be recessed from the exterior surface of the business establishment fayade a minimum of 1.0 metre and a maximum of 3.0 metres. (iii) Business Establishment Fayade: shall mean the portion of the exterior wall of a building located between finished grade and the elevation which is 3 metres above finished grade of a business establishment which wall faces either a public street, a future public street or a future private street shown on the Schedule attached to this By-law. (iv) 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 automated 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. (v) Large Format Retail Store: shall mean a building or part of a building having a minimum total floor area of 2500 square metres and containing non-residential uses permitted by Section 22A.2. (vi) Small Format Retail Store: shall mean a building or part of a building having a minimum 1000 square metres and a maximum 2500 square metres of total floor area and containing non-residential uses permitted by Section 22A.2. (vii) Stacking Lane: shall mean a queuing lane for motor vehicles which is located on the same lot as the drive-through facility and which is separated from other motor vehicle traffic on the same lot by barriers or curbs. (viii) Street: shall mean any public street, future public street or future private street shown on a Schedule attached to this By-law. 22A.2 Permitted Uses a) Residential Uses: Not Permitted b) Non-Residential Uses: No person shall use any land or construct, alter or use any building or structure for any purpose other than a large format retail store or small format retail store containing one or more of the following non- residential uses: (i) assembly hall; (ii) beer, liquor, or wine ouliet; (Iii) business, professional, or administrative office on the second floor or higher of a building containing permitted non-residential uses; (iv) medical or dental clinic on the second floor or higher of a building containing permitted non-residential uses; (v) place of entertainment; (vi) private club; (vii) retail/commercial establishment (viii) school, commercial; (ix) service shop, light; (x) service shop, personal; (xi) supermarket; (xii) tavern; and, (xiii) theatre. c) Notwithstanding the prOVIsion of Section 22A.2 b) prohibiting the construction and use of any buildings or structure for any purpose other than a large format retail store or a small format retail store, buildings containing a minimum of 250 square metres may be constructed and used on lands zoned (C8) for any of the following non-residential purposes: (i) eating establishment; and (ii) eating establishment with a drive-through facility. d) For the purpose of clarity, no portion of large format retail store or small format retail store, or any land shall be used for the following purposes: (i) building supply; (ii) financial office; or (iii) outside storage area. 22A.3 Regulations for Non-Residential Uses a) Yard Requirements: (i) A building containing a large format retail store on a lot which abuts a public street or a future public street shown on a Schedule attached to this By-law shall have a yard between the facing wall of the building and the limit of the public street or future public street which has a yard width of a minimum of 3 metres and a maximum of 6 metres; (ii) A building containing small format retail store, or a use permitted by Section 22A.2 c) which is located on a lot which abuts a public street or a future publiC street shown on a Schedule attached to this By-law shall have a yard between the facing wall of the building and the limit of the public street or future public street which has a yard width of a minimum of 1.5 metres and a maximum of 3.5 metres; (iii) A building located on a lot which abuts a future private street shown on a Schedule attached to this By-law shall have a yard which abuts the limit of the future private street with a yard width of a minimum of 2 metres and maximum of 5 metres; (iv) A building located on a lot with a lot line which abuts a residential zone boundary shall have a yard abutting the lot line with a minimum yard width of 15 metres; (v) A building located on a lot with one or more lot lines which are not described in 22A.3 a) (i) to (iii), inclusive, shall have a yard abutting each lot line with a minimum yard width of 10 metres. b) A minimum of 40% of the business establishment I which contains a business establishment entrance, shall be constructed of transparent glass which allows pedestrians to see display merchandise for sale within the building. c) A minimum of 10% of the business establishment I which does not contain a business establishment entrance, shall be constructed of transparent glass. d) Business establishment facades greater than 30 metres in length, measured horizontally, shall incorporate for at least 20% of every 30 metres of its length, measured horizontally, a combination of wall plane projections and recesses having a minimum depth of 1.0 metre, for the full height of the business establishment fa9ade. e) Where a business establishment fa9ade is greater than 30 metres in length measured horizontally, the building shall incorporate either an increase or decrease of 1.8 metres in the height of building, in relation to the height of building of the abutting portions of the business establishment fa9ade for each 30 metres of its horizontal length. f) A building with a total floor area in excess of 4,645 square metres which has a business establishment fa9ade containing a business establishment entrance shall incorporate as an architectural element of the building, a canopy with a minimum width of 2 metres and a minimum height of 2.5 metres constructed over the yard required by Section 22A.3 a) along 100% of the length of the business establishment fa9ade, measured horizontally. g) Where a building has a flat finished roof containing rooftop mechanical heating, ventilation or air-conditioning stacks or vents to serve the building, the building must have either: (i) a solid parapet wall with a minimum height of 1.5 metres above the finished elevation of the roof which extends around the entire perimeter of the roof; or (ii) a solid parapet wall with a minimum height equal to the height of the highest of the rooftop mechanical heating, ventilation or air- conditioning stacks or vents which prevents them from being viewed from adjacent public streets and buildings. h) A business establishment entrance shall be located in the business establishment fa9ade. i) A required loading space shall be screened from adjacent public streets, future public streets and future private street shown on a Schedule attached to this By-law, by a wall constructed of the same materials as the business establishment fa9ade and having a minimum height of 5 metres and a minimum length of 9.0 metres. j) Landscaped Open Space (minimum) 1 0 percent k) The portion of the lot which satisfies the yard required by Section 22A.3 a) (i) and (ii) shall not be used for parking spaces or drive aisles for motor vehicles. I) All parking areas shall be separated from abutting public streets, future public streets and future private streets shown on a Schedule attached to this By-law by a landscaping strip having a minimum width of 3.0 metres. m) Within a parking area, every row of parking spaces shall comprise no more than 30 spaces and the row shall abut at each of its ends a landscaping strip 5.7 metres in length and 2.5 metres in width. n) Within each row containing 25 or more parking spaces, a landscaping strip 5.7 metres in length and 2.5 metres in width abutting the parking space in that row which represents 50% of the total number of parking spaces in that row, shall be provided. 0) Notwithstanding Section 3:16 a) (i) parallel parking is permitted on a future private street shown on a Schedule attached to this By-law on which a business establishment entrance faces, provided that each parallel parking space shall have a minimum width of 2.75 metres and a minimum iength of 7.0 metres. p) Notwithstanding the provisions of Section 3.16 a) of this By-law, the number of parking spaces that shall be provided on a lot shall be as follows: Use Number of Parking Spaces Required eating establishment; large 1 space per 20 square metres of format retail store; and total floor area small format retail store eating establishment 12 parking spaces for each 100 restaurant with a drive- square metres or any portion throuah faciiitv thereof of total floor area other drive-through facility 1 parking space for each 30 square metres of total floor area q) Where a drive-through faciiity is permitted, the following requirements shall apply: (i) A stacking lane shall be provided and maintained on the lot on which the drive-through facility is located which shall have a minimum length of 72 metres, a minimum width of 3 metres and any entrance to it shall be located a minimum of 18 metres from the limit of a public street or future public street shown on a Schedule attached to this By-law; (ii) No part af a stacking lane shall be sa located that at any time any motar vehicie which uses it may block, impede or interfere with the use of any parking space required to be provided on the lot an which the drive-through facility is located; (iii) No portion of the stacking lane and no motor vehicle parking spaces or drive aisle ta any parking spaces shall be lacated within a yard required by the yard requirements provided for in Sectian 22A.3 a); and (iv) Natwithstanding Section 22A.3 q) (i), a drive-thraugh facility which is not a eating establishment with a drive-through facility; is permitted to be constructed and used on a lot if it satisfies the other provisions of this By-law and a staCking lane is pravided and maintained on the lot, which has a minimum length of 24 metres, a minimum width of 3 metres, and any entrance to it is located a minimum of 18 metres from the limit of a public street or future public street shown on a Schedule attached to this By-law. 22A.5 SPECIAL EXCEPTIONS LARGER FORMAT COMMERCIAL [Ca) ZONE 22A.5.1LARGER FORMAT COMMERCIAL EXCEPTION [Ca-l) ZONE a) Notwithstanding Section 3.16 a) (iv) and 22A3 the following additional zone regulations apply to the lands within the (C8-1) zone: (i) Total Floor Area (maximum) 9800 m' (ii) A minimum of 80% of the total floor area constructed or used on the lands must be located within large format store; and (iii) Lands may be used to accommodate a portion of the required parking spaces for a legally permitted use in an abutting C8-2 zone or C9-2 zone. 22A,5.2LARGER FORMAT COMMERCIAL EXCEPTION [Ca-2) ZONE a. Notwithstanding Section 22A2 a building may be constructed and used on the lands zoned C8-2 for the purpose of one motor vehicle fuel bar and motor vehicle wash. b. Notwithstanding Sections 3.16 a) (iv) and 22A.3, the following additional regulations for non-residential uses applies to lands within the (C8-2) zone: (i) Total Floor Area (maximum) 13200 m' (ii) A minimum of 80% of the total floor area constructed or used on the lands must be located within large format retail store; (iii) A motor vehicle fuel bar and motor vehicle wash shall have a minimum setback of 3 metres and a maximum 6 metres from the westerly limit of Green Road; (iv)A motor vehicle fuel bar, and motor vehicle wash shall have a yard with a yard width of a minimum of 2 metres and a maximum of 4 metres from the nearest limit of a future private street shown on a Schedule attached to this By-law; (v) The stacking lane required for the motor vehicle wash shall have a minimum length of 72 metres, a minimum width of 3 metres, and an entrance to it that is located more than 18 metres from any portion of the limit of a public street, future public street or future private street shown on a Schedule attached to this By-law, which portion of the limit coincides with any portion of a lot line of the lot; and (vi) Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C8-1 zone or C9-2 zone. 22A.5.3LARGER FORMAT COMMERCIAL EXCEPTION IC8-31 ZONE a) Notwithstanding Sections 3.16 a) (iv) and 22A.3 the following additional zone regulations apply to lands with the (C8-3) zone: (i) Total Floor Area (maximum) 8300 m' (ii) A minimum of 80% of the total floor area constructed or used on the lands must be located within large format retail store; (iii) Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C9-3 zone or C9-4 zone; and (iv) Notwithstanding Sections 22A3 a) (i) to (iii) inclusive where a lot abuts more than one of a public street, future public street or future private street shown on a Schedule attached to this By-law, a building or structure constructed or used on that lot is required to comply with the yard requirements applicable to one only of the aforesaid public street or future public street." h) By adding a new Section 22B with the title and text as follows: '22B. STREET-RELATED COMMERCIAL (C9) ZONE 22B.l Section 22B applies to lands zoned (C9) by this By-law. For the purpose of Section 22B, the term: (i) Business Establishment: shall mean a building, which contains anyone or more of the permitted uses within a (C9) zone. (ii) Business Establishment Entrance: shall mean one of the principal entrances to a business establishment, which shall have a minimum height of 2.1 metres and a minimum width of 0.9 metres and shall be located in the part of the business establishment fa,ade, which is at or within 0.2 metres above or below finished grade and shall be recessed from the business establishment fa,ade a minimum of 1.0 metres and a maximum of 3.0 metres. (i1i) Business Establishment Fa,ade: shal) mean the portion of the exterior wall of a building located between finished grade and the elevation which is 3 metres above finished grade of a business establishment which wall faces a public street, a future public street or a future private street shown on a Schedule attached to this By-law. (iv) 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 automated 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. (v) Stacking Lane: shall mean a queuing lane for motor vehicles which is located on the same lot as the drive-through facility and which is separated from other motor vehicle traffic on the same lot by barriers or curbs. (vi) Street Line: shall mean the limit of the public street or future public street shown on a Schedule attached to this By-law that is the dividing line or the future dividing line between a lot or block and a public street or future public street. 22B.2 Permitted Uses No person within a Street-Related Commercial (C9) Zone shall use any land or construct, alter or use any building or structure except for anyone or more of the following purposes: a) Permitted Residential Uses: Residential dwelling units are permitted to be constructed or used on the second fioor or higher of a building containing permitted non-residential uses. b) Permitted Non-Residential Uses: (i) assembly hall; (ii) bakery shop; (iii) business, professional, or administrative office on the second fioor or higher of a building containing permitted non-residential uses; (iv) convenience store; (v) day nursery (vi) dry cleaners distribution centre; (vii) eating establishment; (viii) laundry-cain-operated (ix) medical or dental clinic on the second floor or higher on the second floor or higher of a building containing permitted non-residentiai uses: (x) place of entertainment; (xi) printing or publishing establishment; (xii) private club; (xiii) retaillcommercial establishment; (xiv) school, commercial (xv) service shop, personal; (xvi) service shop, light; (xvii)tavern; and (xviii) theatre. c) For the purposes of clarity, no portion of a building shall be used for any of the following purposes: (i) a drive-through facility; (ii) an eating establishment with a drive-through facility; and (iii) a financial office. 22B.3 Regulations for Non-Residential Uses a) Total fioor Area of an individual store (maxirnum) 800 square metres. b) Yard Requirements (I) A building on a lot which abuts a public street or a future public street shown on Schedule attached to this By-law shall have a yard between the facing wall of the buildings and the limit of the street or streets in question which has a yard width of a minimum of 0.5 metres and a maximum of 3.5 metres; (ii) A building on a lot which abuts a future private street shown on a Schedule attached to this By-iaw, shall have a yard which abuts the limit of the future private street with a yard width of a minimum of 1.5 metres and a maximum of 3.5 metres; (iii) Notwithstanding Section 2283 b) (i) and (ii) inclusive where a lot abuts more than one of a public street, future public street or future private street shown on a Schedule attached to this By-law, a building or structure constructed or used on that lot is required to comply with the yard requirements applicable to only one of the aforesaid public street or future public street. (iv) A building on a lot with a lot line which abuts a residential zone boundary shall have a yard abutting the lot line with a minimum yard width of 15 metres; (v) A building on a lot with one or more lot lines which is not described in Sections 22B.3 a) (i) to (iii), inclusive, shall have a yard abutting each lot line with a minimum yard width of 10 metres. c) Height of building containing non-residential uses (maximum) 3 storeys d) Height of building containing a combination of residential and non- residential uses (maximum) 6 storeys e) A minimum of 40% of a business establishment facade which contains a business establishment entrance shall be constructed of transparent glass. f) A minimum of 10% of a business establishment facade, which does not contain a business establishment entrance, shall be constructed of transparent glass. g) Each business establishment shall have a mlntmum of one business establishment entrance located in the business establishment facade. h) Buildings located on a lot abutling the street lines at the intersection of any of the following intersections, shall have a business establishment entrance located in the business establishment fa9ade which faces the boundary of the sight triangle which is neither a street line or a projection of a street line used in forming the sight triangle: a) Highway No.2 and Boswell Drive; b) Highway No.2 and Green Road; c) Highway NO.2 and Clarington Boulevard; andlor d) Clarington Boulevard and Uptown Avenue, a future public street. i) All entrances used or intended to be used by members of the public to access each business in a business establishment shall be located in the business establishment fa<<ade. j) A business establishment entrance to each business establishment located on a lot which abuts Clarington Boulevard shall be located in the business establishment fa9ade of each building which accommodates a business establishment. k) A building which has a business establishment fa<<ade containing a business establishment entrance shall incorporate as an architectural element of the building a canopy with a minimum width of 2 metres and a minimum height of 2.5 metres constructed over the yard required by Section 22B.3 b) along 100% of the length of the business establishment fa9ade, measured horizontally. I) A building having a business establishment fa9ade greater than 20 metres in length, measured horizontally, shall incorporate for at least 20% of its length a combination of wall plane projections and recesses having a minimum depth of 1.5 metres for the full height of the business establishment fa9ade. m) Where a building has a flat finished roof containing rooftop mechanical heating, ventilation or air-conditioning stacks or vents to serve the building, the building must have either: (i) a solid parapet wall with a minimum height of 1.5 metres above the finished elevation of the roof which extends around the entire perimeter of the roof; or (ii) a solid parapet wall with a minimum height equal to the height of the highest of the rooftop mechanical heating, ventilation or air- conditioning stacks or vents which prevents them from being viewed from adjacent public streets and buildings. n) A required loading space shall be screened from a public street, future public street and future private street shown on a Schedule to this By-law by a wall constructed of the same materials as the business establishment facade and having a minimum height of 5 metres and a minimum length of 9.0 metres. 0) Landscaped Open Space (minimum) 10 percent p) All parking areas shall be separated from abutting public streets, future public streets and future private streets shown on a Schedule attached to this By-law by a landscaping strip having a minimum width of 3.0 metres. q) The lands which comprise a yard required by Section 22B.3 b) (ii) shall not be used for parking spaces or drive aisles for motor vehicles. r) Within a parking area, every row of parking spaces shall comprise not more than 30 spaces and the row shall abut at each of its ends a landscaping strip 5.7 metres in length and 2.5 metres in width. s) Within each row containing 25 or more parking spaces a iandscaping strip of 5.7 metres in length and 2.5 metres in width abutting the parking space on that row which represents 50% of the total number of parking spaces in that row shall be provided. 228.5 SPECIAL EXCEPTIONS STREET-RELATED COMMERCIAL ICg} ZONE 22B.5.1 STREET-RELATED COMMERCIAL EXCEPTION (C9-1) ZONE a) Notwithstanding Sections 22B.2 b) and 22B.3 the lands zoned (C9-1) shall only be used for a public use facility. Any buildings or structures constructed thereon shall be subject to the following additional zone regulation: (i) Lot area (Minimum) 0.5 ha 228.5.2 STREET-RELATED COMMERCIAL EXCEPTION (C9-21 ZONE a) Notwithstanding Sections 3.16 a) (iv) and 22B.3 the following additional zone regulations apply to the lands within the (C9-2) zone: (i) Total Floor Area (maximum) 2000 m2 (ii) Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C8-1 zone or C8-2 zone; 22B.5.3STREET-RELATED COMMERCIAL EXCEPTION IC9-31 ZONE a) Notwithstanding Sections 22B.2 b) a building may be constructed and used on lands zoned C9-3 which contains one financial office with drive- through facility; b) Notwithstanding Sections 3.16 a) (iv) and 228.3 the following additional zone regulations apply to the lands within the (C9-3) zone: (i) Total Floor Area (maximum) 4100 m' (ii) Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C8-3 or C9-4 zone; (iii) A minimum of 60 % of the total floor area permitted in the C9-3 zone shall be located such that the business establishment entrance is located on within 50 metres of the westerly limits of Clarington Boulevard; (iv)A building on a lot which abuts Clarington Boulevard shall have a yard which abuts it with a yard width of a minimum of 0.5 metres and a maximum of 3.0 metres; 22B.5.4 STREET-RELATED COMMERCIAL EXCEPTION ICg-4) ZONE a) Notwithstanding Sections 3.16 a) (iv) and 22B.3 the following additional zone regulations apply to the lands within the (C9-4) zone: (i) Total Floor Area (maximum) 3600 m' (ii) Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C8-3 or C9-3 zone; (iii) A minimum of 50 % of the total floor area permitted in the C9-4 zone shall be located such that the business establishment entrance is located on Clarington Boulevard; (iv) A building on a lot which abuts Clarington Boulevard shall have a yard which abuts it with a yard width of a minimum of 0.5 metres and a maximum of 3.0 metres; 22B,5.5STREET-RELATED COMMERCIAL EXCEPTION (C9-51 ZONE a) Notwithstanding Section 3.16 a) (iv) and 226.3 the following additional zone regulations apply to the lands within the (C9-5) zone: (i) Total Floor Area (maximum) 1000 m' (ii) Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C1-7 zone; 22B,5.5STREET-RELATED COMMERCIAL EXCEPTION IC9-5) ZONE a) Notwithstanding Section 226.2 b) one building may be constructed and used on the lands zoned (C9-6) for the purposes of an eating establishment with drive-through facility. b) Notwithstanding Sections 3.16 a) (iv) and 228.3 b) (i) in addition to the other regulations for non-residential uses provided in Section 226.3 the following additional zone regulations apply to lands within the (C9-6) zone: (i) Total Floor Area (maximum) 1580m' (ii) A building on a lot which abuts Clarington Boulevard shall have a yard which abuts it with a yard width of a minimum of 0.5 metres and a maximum of 3.0 metres. Buiidings which abut Highway No.2, other than those legally existing on June 27, 2005, shall comply with the yard requirements specified in Section 22B.3 b) (i). (iii) Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C1-14 zone:' i) By deleting from Schedule "3' the identification of the lands at the southwest corner of Regional Road 57 and Highway No.2, the designation'Commercial Exception (C2-4) and replacing itwith"Agricultural (A)' zone. j) By amending Schedule ''3' to By-law 84-63 as amended to correspond with Schedule ''A-1'', "A-2', ''A-3'''A-4' and .'A-5' attached to and forming part of this By- law. 2. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 of the Planning Act, R.S.O. 1990 cP13. By-Law read a first time this day of 2005 By-Law read a second time this day of 2005 13y-Law read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk This is Schedule passed this "A-1" to day of .................... ...................... - ~:~:~:~:~~:~~:~~:}~:::~:~~~:~:~:~:~:~:~:~~{::::::::::::::::: :::::.::.:.:::.... !!! .:.;:.:.;:.;:.,;:.;:.;:.,;:.,;,;,;;:.:.;:',.,,:.:.:'''';:.;:.:.:.;:.;:."..... "' ;:.;:.;:.;:.,;,;,::;:<<<<"".:<<",.,;,;:.,,,,,,.;:.:.:::.;:.;:.:.:.;:.;:.;:.,".... o::::;,:::::::::::~::::::::::::~:::::::::::::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:::::: ::I:~:~:}:~:~:~:::~~:~:~:~:~~:~:::::::::~::~:::::::~:::~~:::~:::::~::::::::r:r:::::~:::~:::~:::::::::::::~:::::::::::::::::=}:=:: ~ ~;.::;.;.;.;.::;~:!~;.:;~;.;;.::;.;;{~;;.:~~;:;:::;.;.{~~!~:~;~;~: 0 ....................................................................... ~-- .~ '-.J Cj :;= (/J o CD t:::;::::::,,:;:d Zoning Change From "A-74" To "(H)CS-1" ~ Zoning Change From "(H)CS" To "(H)CS-2" ~ Zoning Change From "A" To "(H)C8-2" ~ Zoning Change From "A-74" To "(H)C9-1" ~ Zoning Change From "(H)CS" To "(H)C9-2" ~ Zoning Change From "A-74" To "(H)C9-2" z w w 0::: " Cl <( o 0::: FUTUR J John Mutton, Mayor , Patti l. Barrie, Municipal Clerk I I ~. .'.\ .'--------- ! i Bowmanville ThiS is Schedule "A-2" to By-law 2005- passed this day of , 2005 A.D. , z 0 t- Cl 0 Z <( D:: 0 D:: :5 u z w W D:: Cl AVENUE 0 J > w CD I . ~ 1..........1 ...................... ..........-.-....... ...................... .............-....... ...................... ..................... ...................... ~ ~'1 Zoning Change From "A" To "(H)CS.3" Zoning Change From "An To "(H)C9-3" Zoning Change From "C1-15" To "(H)C9-3" Zoning Change From "A" To "(H)C9-4" John lAutton, Mayor Petti L. Borrie, Municipal Clerk . ! I -. ~o I ! "..-"""*"" This is Schedule "A-3" to By-law 2005- passed this day of . 2005 A.D. , DURHAM :::.:.:.:.:."!..:.:v;x.:.;.:.:.:.:.:.::...::::......... MIGHw ...-".-..-....-.-.-<.:<<."<<i~i<::~~:~~:~~c.,;;<<."..-.-".-..... . A Y .:.:.;:.:::::::~::;.::::::;::::::::::::::::~::::::::::::::::::::::::::::::::::::~::~:::;.:::.:.::.:.......... .. 2 :t~:~~:~:~:~:~:~:~:~:~~:~:~{t~:}~:~~:~::t~~:~:::~{:}:~:~:::~:~~:~~~:~:~:~~:~:~:~{::::::~:::~{::{:(' :..:..::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:~.:.:.:.:."::.:.:.;:.:.:.:.'::.:.:.:.:.:.:.:.:.:.:.:.:~.:.:.:.:"::.:.:'t.x.:.::!,:: :::::::~:::;::~~::::~~~:~:::~~:~~:~::~:~~5::~~~::~~:~:::i:::::~:~:::::::~::~:::~5::::::::~::::::::~:::::~:~:::~::~::f:::~:~5::: .:~.:."::.:~.:~.:.:.:.:.:.:.:':.:.:.:.:.:.:.:.:.:.:~.;.:.:.:.:~.:.:.:.:.:.::.:~.:.:.::;:.:.:.:.:.:.:.::.:~.:.::~~'::'::;:':':~'i:~':'?':':':{':':':':':':'": :::::::j:::~:::::::~:::::::::~:::~~:::::::::::::::::::::::~:::~:::::~:5:::f::::~:::~::::::;:::::::::::::::~::::::::::::::::::~~::::::::::::::::~:~~::::::::::. .......,.,................................. ~;;~;~~~ii.i;~;!~:';;;i;!~~~~~~~:~;::;:i~;~Yi;;~;;;!F~:j!!;;~;!;;~;!i:;~~i;@:~;i.{;~ _! o ..............................................-.........................................j............................................ cr: <{~~:~~~~~~:~~~~~~~~~:~~~~~~~::~~::~:~~~:::~:I~~:~~:~~~::~:~~::~~~~::~~~~::~:~~~:~~~~~~~~:~~~~~~~:~:~:t::~~~:~~~:~~:~~::~~::~f~:~~~:~~\~~~~:::~:~:~~::~~~::~:f:::~::~~~::~~~::~~:~~~:~~~:~~~~~~~f:~:~~:~~: :5 ~ 1~~~~I~:~m~;~:~~mllmll~III~~~m~rrI~~~;~~I11~~~:~~II~1Iii!l~jwiiiifiitl~::::~~~::::~:~::::::::~:~:~::::::: u ~- CD J I I I PRINCE WILLIAM I ~ Zoning Change From "C1-14 Area A" To "C9-6" BLVD. ........... - ~ _~ - .._. ... .. _n _ ..__ _.. B88888883 Lonlng "nange rrom "I-IotA-uta D IU "'~-u M~%P;~;ii:1 Zoning Change From "C1-14 Area A" To "C1-14" John Mutton, Mayor Patti L. Barrie. Munic;pol Clerk .~'~ ! Et'ffil ~, I, , . This is Schedule "A-4" to By-law 2005- passed this day of .2005 A.D. , ~ IGHWAY 2 , , I I I I I I I I I I I I I I I I , I I I I I , , DURHAM , , , , , , ~--------------------- z o c- el Z Q-' < --' u ------- I PRi\JCE WilLIAM i / BLVD. \ ~ Zoning Change From "C1-7" To "(H)C9-5" j VJJ John Mutton, Mayor Patti l. Barrie, Municipal Clerk ~~ , .... ' ""'" I, I, l : ~ I, , ~ ______J L_____ ~ ! Subject . Lands """,~wESl ------------- ! II~