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HomeMy WebLinkAboutPSD-133-03 ~ ~~Cliit. "- -- l!iadjngt~ ~- +"' REPORT PLANNING SERVICES PUBLIC MEETING Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE "DOli G~I'\-lt~-o3 Monday October 20, 2003 Subject: File #: COPA 2003-010 and ZBA 2003-046 BOWMANVILLE KING STREET EAST CORRIDOR STUDY: PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT By-law #: c:Jo03-IS,3 Report #: PSD-133-03 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-133-03 be received; 2. THAT Amendment No. 36 to the Clarington Official Plan contained in Attachment 2, to implement the recommendations of the Bowmanville King Street East Corridor Study Final Report and this Report be adopted and that the necessary by-law be passed; 3. THAT the revisions to the proposed Zoning By-law recommended in section 5 of this Report are minor and that Council deems that a further public meeting respecting them is not necessary; 4. THAT the proposed Zoning By-law contained in Attachment 3, amended as recommended in section 5 of this Report, be passed; 5. THAT the Urban Design Guidelines, contained in Attachment No.4, for the Bowmanville East Main Central Area - East Business District east of Liberty Street be approved; 6. That the Region of Durham Planning Department be forwarded a copy of this report and Council's decision; and 7. That the interested parties listed in this report be advised of Council's decision. Submitted by: Reviewed by;( ),( ~'- J1...f}, ~U34.. Franklin Wu, Chief Administrative Officer CP'DJC'sh October 17, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 _.---4w:--~ --~:#'~,~~---- t,_ ,,_\:?"-" .. ~ ~> > .~ REPORT NO.: PSD-133-03 PAGE 2 1.0 BACKGROUND 1.1 At its meeting on September 22, 2003, the General Purpose and Administration Committee received Report PSD-115-03 and the Bowmanville King Street East Corridor Study Final Report ("Study"). The results and recommendations of the Study were presented to the Committee by staff and representatives of the Municipality's consultants, Urban Strategies Inc., and Totten Sims Hubicki. The Study was referred back to staff for further review of the recommendations and report back to Council. Also, the Committee authorized staff to give notice of a public meeting to consider amendments to the Official Plan and Zoning By-law. 1.2 In general, the Study recommends a new vision for the King Street East Corridor, a vision that would extend a number of significant features of the historic downtown core of Bowmanville to the Corridor. Over time, redevelopment of lands in the Corridor in conjunction with strategic public investment will result in the creation of a vibrant, street- oriented pattern of development and a pedestrian-oriented environment in the Corridor. The physical appearance of the Study area will be improved and the commercial vitality of the Corridor will be strengthened while adequate transportation and capacity, operations and safety of King Street East in the Study area will be ensured. 1.3 Staff concur with the Study's recommended core land use principles to guide development along King Street East (See section 4.2 of the Study). The core principles include the following: . The King Street East corridor between Liberty Street and Simpson Avenue should be a vibrant mixed use area, with a predominance of commercial land uses on King Street. Residential uses are encouraged above-grade along King Street and are generally encouraged elsewhere in the study area. All development should be street-related in character, extending the qualities that exist today in downtown Bowmanville further east into the East Business District to create a district with a pedestrian-oriented main street character. . The King Street East corridor is an appropriate location for residential intensification. Subject to the Municipality's planning, zoning, and built form regulations, more intensive forms of development are permitted and encouraged to bring vitality to the area. . The north side of King Street to the east of Simpson Avenue is and should remain a residential precinct. The planning policies for this precinct should protect its unique potential for higher intensity residential development in a gateway location to Bowmanville. . The Bowmanville Mall will remain in place for the foreseeable future as a commercial anchor for the corridor and this property will retain site-specific policies. . The Bowmanville Hospital is an essential community resource and should remain in its current location. The Municipality's planning framework should facilitate the retention and expansion of the hospital and also provide for the development of " '- '-- '... ~ "- ,'''' '. ... , '.. REPORT NO.: PSD-133-03 PAGE 3 complimentary land uses such as long-term care facilities and medical office buildings. . The promotion of residential development within the King Street East Corridor is a priority. Council should take measures to support such developments occurring. 1.4 The proposed amendments to the Bowmanville East Main Central Area Secondary Plan ("Amendment 36") and the Municipality's Comprehensive Zoning By-law (By-law 84-63, as amended) are contained in Attachments 2 and 3, respectively. They are consistent with the intent of core land use principles referred to in section 1.3 of this Report and in conformity with the Official Plan as it will be amended by Amendment 36. 1.5 The Study details recommended revisions to the Bowmanville East Main Central Area Secondary Plan (section 5.3 of the Study), and to the Zoning By-law as well as certain site specific zoning amendments (See section 5.4 of the Study). It contains material respecting the regulation of drive-throughs in the Corridor (section 5.5 of the Study) and a recommended Urban Design Plan and Guidelines (Chapter 6 of the Study). 1.6 In general, staff concur with the recommendations of the Study respecting revisions to the Official Plan, the Secondary Plan, the Zoning By-law including the regulation of drive-through facilities and the Urban Design Plan and Guidelines. The intent of these recommendations is reflected in Amendment 36 and the zoning amendments contained in Attachments 2 and 3, respectively. The amendments are consistent with the intent of core land use principles referred to in section 1.3 of this Report and in conformity with the Official Plan as it will be amended by Amendment 36. 1.7 In certain instances, proposed Amendment 36 and the zoning amendments refine the Study's recommended revisions and adapt them to suit the format of the Official Plan and the Zoning By-law. In a few instances, staff have modified the Study's recommended revisions to the Secondary Plan and the Zoning By-law as well as the urban design guidelines. Only these modifications are discussed in sections 3, 4 and 5 of this Report. 2.0 PUBLIC NOTICE 2.1 Notice of the public meeting was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. Notice was placed in the Canadian Statesman on September 24, 2003. In addition, notice was mailed to all landowners within 120 metres of the lands subject to amendment, as well as all interested parties who had contacted the Municipality of Clarington requesting further information on the King Street East Corridor Study. 3.0 PROPOSED AMENDMENTS TO THE OFFICIAL PLAN AND SECONDARY PLAN 3.1 Official Plan Amendment No. 36 (Attachment 2) comprises two parts: :. t, T. '- '''''' ~ .. " 4_ .' REPORT NO.: PSD-133-03 PAGE 4 , . Changes to the Official Plan; . Changes to the Bowmanville East Main Central Area Secondary Plan. The changes to the Official Plan incorporate the Study's recommended expansions of the boundaries of the Bowmanville East Main Central Area and certain appropriate adjustments to population and housing targets. The changes to the Bowmanville East Main Central Area Secondary Plan include substantive changes to land use policies and related revisions of existing Official Plan policies as well as enhancements to transportation policies for the area. The more significant changes are discussed below in sections 3.3 to 3.6. 3.2 Amendment 36 expands the boundaries of a portion of the Bowmanville East Main Central Area - East Business District east of Liberty Street. The boundary is adjusted to the north, generally to follow the north side of Church Street and incorporates additional vacant residential lands owned by the Remington Group. The tributary to the Soper Creek will form the eastern limit and all of Galbraith Court and Climie Court will be included in the Secondary Plan area. The southerly boundary is expanded to follow Prince Street from Liberty Street to Simpson Avenue. The change in boundaries will necessitate adjustments to the housing and population targets of the Vincent Massey Neighbourhood and the East Main Central Area. 3.3 The Street-Related Commercial Areas are intended to extend certain features that help to define the character of the historic downtown to this portion of the East Business District. The "Strip Commercial Area" policies which provided for 'plaza' style development built back from the street line, are deleted. The .Street-Related Commercial Area" designation is extended to all the lands north and south of King Street East, east of Liberty Street and west of Simpson Avenue, that were previously designated 'Strip Commercial Area" or "Mixed-Use Area". In addition, the Street-Related Commercial Area designation extends northerly, east of St. George Street to allow for an expansion to the existing medical centre. This re-designation, from strip commercial and mixed-use to street-related will require new development and redevelopment to be built to a setback line close to the street line of King Street East. Amendment 36 also enables Council to allow a one-time limited expansion to existing commercial uses on King Street East by a site specific rezoning provided that the expansion assists in implementing the objectives of the Secondary Plan and improves the relationship of buildings with the street. 3.4 With the addition of lands to the East Main Central Area, land use policies for low, medium and high density residential areas are included in Amendment 36. In order to protect the residential precinct identified in the Study and to ensure compatibility with adjacent residential and nursing homes uses, the lands at the north-west corner of King Street East and Galbraith Court are re-designated to medium density residential. The lands on the north side of King Street East, east of Strathaven Nursing Home and the lands north of King Street between Galbraith Court and Kingscourt Road are designated High Density Residential. Those lands near King Street must be built at higher density ~. -::-- ~... <' '- REfloRT NO.: PSD-133-03 PAGE 5 (60 to 100 uph), whereas the lands to the north owned by Remington Group may be developed at medium or high densities (40 to 100 uph). 3,5 The "Community Facility and Institutions" policies are amended to encourage the attraction and retention of other uses supportive to the hospital, including medical office and long term care facilities. These policies provide more flexibility and assist in retaining the hospital which is considered an essential community resource. 3.6 Amendment 36 contains policies which will enable Council to implement measures to enhance traffic safety, operations, and capacity on King Street East through improved road geometry, raised medians and rationalizing lane arrangements, widened sidewalks and streetscape enhancements, additional traffic signals, and policies to enable Council to address undesirable private accesses. It provides for the implementation of a grid street system including the extension of Church Street east to Galbraith, the extension of Simpson Avenue north to the Church Street extension and extension of Queen Street east to Frank Street. In addition, the development of an integrated system of private lanes is to be encouraged when development or redevelopment occurs in the East Business District east of Liberty Street. 4.0 PROPOSED AMENDMENTS TO THE ZONING BY-LAW 4.1 The Study recommended major revisions to the Zoning By-law to implement both the existing Official Plan policies and the changes to the Secondary Plan proposed in Amendment 36. Some of the revisions have application to a number of properties, while others are site specific. The proposed zoning amendments (Attachment 3) amend the Municipality's Comprehensive Zoning By-law. They implement proposed Amendment 36, and subject to the few exceptions noted below, implement the recommendations of the Study. The zoning amendments also are consistent with the recommended Urban Design Plan and Guidelines. 4.2 As recommended in the Study, drive-through facilities are specifically defined in the proposed amendments to the Zoning By-law and permitted as a land use within the two C1 Special Exception commercial zones proposed for the King Street East Corridor. Zone regulations for the development of drive-through facilities have been designed to minimize potential negative impacts of this use and to ensure land use compatibility with adjacent residential uses. The Study recommended that the Zoning By-law be amended to contain regulations requiring stacking lanes for a drive-through facility to be demarcated with curbs or landscaping. It also recommended zoning regulations respecting the direction that speakers would face and respecting tall lights. Staff agree with the intent of these latter recommendations. However, site development criteria respecting these matters are more appropriately applied in considering site plans for approval rather than being provided in zoning regulations. 4.3 The Study recommended reinforcing the permission of shared parking and access between adjacent sites. There are no provisions in the By-law which prohibit shared '\ '.. .~ '- REPORT NO.: PSD-133-03 PAGE 6 access between adjacent sites of a similar zone. The Comprehensive Zoning By-law currently permits parking to be provided off-site, provided it is located on a property with the same zone and within 150 metres of the property requiring the parking spaces. This provision allows development that has more parking than the amount required by the By-law, to share surplus parking with other developing sites. Since a study of parking requirements for commercial uses other than drive-through facilities was not undertaken as part of the Corridor Study, further revisions to the parking provisions of the Comprehensive Zoning By-law are not recommended at this time. This issue should be reviewed as part of the preparation of a new Zoning By-law for the Municipality. 4.4 The Study recommended that the zoning setbacks for developments fronting on King Street be modified in the following manner: i) King Street East between Liberty Street and Simpson Avenue to require a build- to line 1.5 metres setback from the street line to accommodate a streetscape area; and ii) King Street East between Simpson Avenue and Mearns Avenue development to require a build-to line of 5.5 metres. This also would incorporate a required 1.5 m streetscape area abutting the street line. The proposed zoning amendments implement the intent of the Study's recommended build-to lines on King Street East through the use of minimum and maximum front yard setbacks while providing some opportunity for variation in the placement of buildings. In the area of King Street East between Liberty Street and Simpson Avenue, the proposed by-law requires new buildings to have a setback between 1.5 and 2.0 metres from the front lot line. In the area of King Street East, east of Simpson Avenue to Mearns Ave the zoning amendments require a setback of between 4.5 m and 6.5 m from the street line for new development. In both cases, the Study's intent of providing a building edge on King Street East will be achieved; however some flexibility is provided to allow for some articulation in the building fa9ade. A requirement for a 1.5 m wide landscape open space abutting the street line has been incorporated into the commercial and residential zones abutting King Street East. 4.5 An exception to the build-to requirement is the proposed zoning for 252 King Street East which accommodates the Hendry apartment building. This lot developed with a multi- unit apartment building is set back from King Street East by about 40 m. Mature trees are located in this front yard which provide a park-like setting on King Street. The Study identified this as an asset to the area. The proposed zoning amendments will require a 30 m minimum front yard setback from King Street East for development on this property. Accordingly, the proposed zoning amendments would change the zoning of this property from R4 to R4-25. 4.6 The Study recommended that the large vacant land between Galbraith Court and St. George Street (owned by the Remington Group), be rezoned from medium density residential to a category which accommodates both medium and high density residential , "', ~'" '- ..~ ." REPORT NO.: PSD-133-03 PAGE 7 uses. Amendment 36 redesignates these lands in three areas: a portion is street-related commercial, a portion is medium density residential and a portion is high density residential. The high density residential area permits both medium or high density residential uses having a density permitted to range from 40 to 100 units per net residential hectare. The high density residential designation in the Official Plan applicable to other lands currently requires a density range of 61-100 units per hectare. The proposed zoning amendments do not increase the maximum density of the lands now permitted by the current Zoning By-law. The current zoning of these lands, R3, is not changed except as noted in this section. Discussions with the applicant about how the site will develop, the range of housing form proposed, lot areas and frontages and other specifics about the proposed development have not been concluded and no proposal has been prepared. Given the uncertainties about how the land area is to be developed residentially, providing defined regulations and boundary appear to be premature. The zoning amendment introduces a "Holding (H)" symbol to the existing "Urban Residential Type Three (R3)" zoning of these lands. This will ensure that development of the parcel is consistent with Amendment 36 and the recommendations of the Study and all servicing issues are appropriately addressed. 4.7 Adopting the recommendations of the Study, an institutional zone is created in the proposed Zoning By-law to recognize the hospital and other supporting uses that may develop on the lands identified as "Lakeridge Health Centre" on Schedule "A" to the proposed zoning amendments. The lands would be zoned P1. Currently the hospital is zone R1-5. The R1 zone permits single detached dwellings. The Comprehensive Zoning By-law currently does not contain an Institutional zone. The proposed P1 zone will permit a hospital, medical or dental clinic and a nursing home, A minimum lot area of 2000 m2 and lot frontage of 20 metre is required. The frontage and area requirements ensure that individual parcels fronting on Prince Street, which have been acquired by Lakeridge Health Bowmanville, are incorporated into the overall land holdings before they are utilized. Front and exterior yard setback requirements are similar to those contained in the R1-5 zone. Interior and rear yard setbacks are reduced to 5m except where abutting a residential use where they are increased to 10m. Lot coverage and landscape open space remain the same as the R1-5 zone at 40% and 30%, respectively. The height provisions are increased from a 10.5 m maximum to a 6 storey maximum. The Study recommended that the setbacks and height provisions be amended to facilitate future expansion of the hospital. Although building setbacks have not been reduced, permitted heights have generally been increased in comparison with the existing zoning. Also, the proposed zoning amendments would apply the P1 zoning to additional lands on which hospital uses are not now permitted. The proposed zoning amendments meet the intent of the Study's recommendations. 4.8 The existing R1 Special Exception zone applicable to the Strathaven nursing home is proposed to be amended to R4-26. The R1 zone is typically used to zone lands for single detached dwellings. In consideration of the form and intensity of the existing use, an R4 apartment zone would seem to be more appropriate. In addition to incorporating the Study's recommended setback, open space landscape, and 6 storey height ...~ ", #- REPORT NO.: PSD-133-03 PAGE 8 requirements, the permitted uses of these lands have been amended to include an apartment building. 4.9 The Study's zoning recommendations have been incorporated in the proposed amendments with minor exceptions or adjustments as described above. In addition, the zoning amendments capture the general intent of certain of the urban design guidelines relating to building facades. This includes a provision in the proposed zoning amendments requiring new development in the C1-30 zone to have buildings occupy 50% (not 70% as recommended in the Study) of their King Street East frontage and 25% (not 50% as recommended in the Study) of the building fal,(ade to be transparent glass. In addition, there are situations in which the proposed zoning amendments would place a "Holding (H)") provision on specific sites. The Holding (H) provision has generally been placed on lands that are vacant or are being used as a single detached dwelling, but have been zoned for more intense uses. The addition of the holding provision does not detract from the intent of the zoning provisions otherwise applicable to these lands except to allow the Municipality to satisfy itself with respect to issues of services and municipal works, protection of natural areas, mitigative measures, submission of technical studies and other issues that may be deemed necessary by Council including the implementation of the policies of the Official Plan before the holding designation is removed by amendment to the by-law. 4.10 The proposed zoning amendments contain site speCific provisions to implement the Study's recommendations and Amendment 36. These include: i) Rezoning the property at the north-west corner of Galbraith Court and King Street East from (H)C2 to (H)R3-24 to prevent the location of inappropriate commercial uses in this location and to reinforce its character as a residential precinct. The residential development of this property in accordance with the (H)R3-24 zoning will be compatible with the adjacent uses. The permitted uses of the property will be an apartment building, link townhouse dwellings, stacked townhouse dwellings or street townhouse dwellings, subject to a maximum building height of 10.5 m. Minimum and maximum setbacks from King Street East are provided for, consistent with the Study's recommendations; ii) Rezoning the existing single detached dwellings on the north side of King Street, East of Strathaven from R1 to (H)R4-26. The proposed zoning would allow intensification of the existing properties by permitting high density apartment buildings to be constructed at this gateway location subject to minimum and maximum setbacks from King Street East and maximum height of 6 storeys consistent with the Study's recommendations; iii) Rezoning the lands on the north side of Queen Street between Lambert Street and St. George Street from (H)C1 to (H)C1-30; the vacant parcel of land on the north side of King Street East, opposite Frank Street, from C1 to (H)C1-30, and the existing properties containing a residence on the south side of King Street between St. George Street and Lambert Street and the north side of King between Liberty Street and Lambert Street from C1 to (H)C1-30. Prior to development, the removal of the holding designation will be required; ", ,T' . ... REPORT NO.: PSD-133-03 PAGE 9 iv) Rezoning the lands at the south-west corner of Lambert Street and King Street East from C7 which permits a motor vehicle service station and fuel bar, to (H)C1-30 in which these uses are not permitted. The effect is to render the existing PetroCanada service station a lawful non-conforming use. Rezoning the lands on the west side of Frank Street, immediately south of the existing plaza from R4, which permits apartments, to (H)C1-30. The lands are currently developed by an existing walk-up apartment building. The C1-30 zone will continue to permit the apartment building as a permitted use, and also will permit a number of non-residential uses. v) 5.0 RECOMMENDED REVISIONS TO DRAFT ZONING BY-LAW 5.1 The proposed Zoning By-law contained in Attachment No. 3 includes two revisions to the draft By-law that had been made available to the public for examination on September 23, 2003. The first revision will allow apartment buildings in the C1-3 and C1-30 zones whether or not they contain a permitted non-residential use. Currently, the C1 zone does not permit dwelling units to be constructed and used if they are not part of a building containing a permitted non-residential use. The first revision will remove this restriction as far as its application to apartment buildings in the proposed C1-3 and C1- 30 zones are concerned. 5.2 The second revision is to subsection 16.5.30(2) which will be added to the Comprehensive Zoning By-law by section 3 of the proposed Zoning By-law. Subsection 16.5.30(2) applies to the C1-30 zone and deems existing uses that were not prohibited on October 19, 2003, to be permitted uses under the provisions of the Comprehensive Zoning By-law as amended by the proposed Zoning By-law. In order to implement the Study's recommendation respecting the property at 195 King Street East on which a PetroCanada gasoline station is located, it is recommended that a sentence be added at the end of subsection 16.5.30(2) to make this subsection inapplicable to 195 King Street East. 5.3 Both of these revisions are included in the proposed Zoning By-law contained in Attachment 3 and are recommended to you. The revisions are minor and do not require a further public meeting. 6.0 URBAN DESIGN GUIDELINES 6.1 The Study's recommended Urban Design Plan and Guidelines deal with the street system and the development of buildings, site landscaping, parking and access, and loading and storage. The Urban Design Plan identifies a hierarchy of streets from an urban design perspective. King Street East is the Primary Street with Liberty Street, St. George Street, Simpson Avenue and Mearns Avenue identified as Secondary Streets. The other roads in the area are local streets. ..~ " , ~ '< REPORT NO.: PSD-133-03 PAGE 10 '. 6.2 Different streetscapes are proposed for the portion of King Street East west of Simpson Avenue and the portion East of Simpson Ave. The portion west of Simpson Avenue requires buildings to be built with a minimum 1.5 m setback from King Street East. The setback is to be used for streetscape purposes. Development East of Simpson Ave will be set back a minimum of 5.5 m from King Street East. This also includes a 1.5 m streetscape area immediately abutting the road allowance. These setbacks are also addressed in the proposed zoning amendments. 6.3 Secondary streets are supporting to the Primary Street from both transportation and urban design perspectives. They are streets that are or are proposed to be signalized where they intersect with King Street East. 6.4 The Study recommended urban design guidelines that would provide that buildings on King Street East not exceed 6 stories and have a 2 storey minimum. The proposed zoning amendments allow for a maximum 6 storey building. The Study's recommended 2 storey minimum was not incorporated in the zoning at this time. Although staff believe that 2 storey buildings would provide for a more defined downtown street, it is believed that requiring new development and redevelopment to be street-oriented by appropriate zoning regulations should be the Municipality's first priority. As the area begins to mature with development oriented towards the street, the zoning by-law can be amended to require a minimum height of 2 stories. 6.5 Other aspects of the Guidelines such as requiring buildings to be located close to corners have been addressed in the zoning amendments by the requirement of minimum and maximum setbacks to both the front and exterior side yards. Built form guidelines for the proportion of a building that must occupy the street frontage on King Street East and the proportion of glass required to be provided in the front facade have also been incorporated in the zoning amendments for the C1-30 zone. 6.6 The Guidelines implement recommendations on site landscaping, parking and access, and loading and storage to ensure that pedestrians are screened from these uses and activities. The proposed zoning amendments contain provisions to ensure parking is not situated in the required front or exterior yards of a lot. Landscaped areas, parking and loading areas are all to be further reviewed through the site plan approval process. 6.7 It is recommended that Council approve the Urban Design Plan and Guidelines contained in Attachment 4. 7.0 AGENCY COMMENTS 7.1 The proposed official plan amendment was circulated to the Region of Durham Planning Department and Central Lake Ontario Conservation Authority for comments. 7.2 The Central Lake Ontario Conservation Authority staff advised that the proposed amendment does not result in changes to the existing Environmental Protection Area, ~ " f: REPORT NO.: PSD-133-03 PAGE 11 '- Section 11 policies of the Secondary Plan. Staff find the proposed amendment to be acceptable and they have no objections to Amendment 36. 7.3 The Region of Durham Planning Department staff advised that they have reviewed the proposed amendment. Amendment No. 36 achieves a range of uses for the Bowmanville East Main Central Area. The mix of uses will take advantage of their proximity to the Regional Transit Spine located along King Street. Increased residential densities will contribute to an urban development pattern supportive of surrounding uses and transit. The amendment fosters the redevelopment of King Street from a fragmented urban fabric to a vibrant, pedestrian-oriented urban corridor, with street-oriented commercial, residential and community uses. Regional Works Department advised they will provide detailed comments on site specific applications with respect to municipal water supply and sanitary sewers at such time as they are submitted. 7.4 There is no significant Provincial plan review or Regional concerns with this amendment. Amendment 36 is exempt from Regional approval. 8.0 CONCLUSIONS 8.1 It is recommended that Official Plan Amendment No. 36 be approved and that Zoning By-law Amendment contained in Attachment 3 be passed in consideration of the findings of the Bowmanville King Street East Corridor Study Final Report. The amendments implement most of the recommendations contained within the study through proposed policy and zone regulations changes. It is also recommended that Council endorse the Urban Design Plan and Guidelines contained in Attachment 4. Attachments Attachment NO.1 Attachment NO.2 Attachment NO.3 Attachment No, 4 Key Map Official Plan Amendment No. 36 Zoning By-law Amendment Urban Design Plan and Guidelines: King Street East Corridor , , '" PAGE 12 '> REPORT NO.: PSD-133-03 Interested parties to be notified of Council's decision: Mr. & Mrs. C, M. Morgan Caroline Charman J. Murphy Rick McKey 16 Galbraith Street 31 Parkway Crescent 2 Albert Street Bowmanville, Ontario Bowmanville, Ontario Oshawa, Ontario L 1C 4P7 L 1 C 1 B9 L 1C 1G7 Lorraine Pettit Evylin Stroud Ron Hooper 2800 Courtice Road 89 Little Avenue 34 King Street West Twh. 73 Bowmanville, Ontario Bowmanville, Ontario Courtice, Ontario L 1 E 2M5 L 1C 1J9 L1C 1M2 W.A. Roe Greg & Joan Adams AI Arsenault 33 Hobbs Drive 17 Frank Street 174 Simpson Avenue Bowmanville, Ontario Bowmanville, Ontario Bowmanville, Ontario L 1 C 2J5 L 1C 2J1 Tony Stone Richard Kershaw Gail Wensink 132 Wellington Street 4 Liberty Street South 205 Sprucewood Drive Bowmanville, Ontario Bowmanville, Ontario Bowmanville, Ontario L1C1N1 L 1 C 2N2 L 1C 2H3 Linda Draper Janet Rice and John Rice M. Richards 252 King Street East 23 Orchard Park Drive 65 Concession Street West Bowmanville, Ontario Bowmanville, Ontario #205 Bowmanville, Ontario L 1 C 4E3 L 1C 1Y7 L 1 C 1 R1 Donna & Dan Hopkins S. Pridie Dianne And Dawson Michaelis 28 Hobbs Drive 19 Orchard Park Drive 31 Ashdale Crescent Bowmanville, Ontario Bowmanville, Ontario Bowmanville, Ontario L 1 C 3X4 L 1C 4E3 L 1 C 3M8 Susan Jones C, Loenderman Bill & Marian Burgess 219 King Street 15 Frank Street 32 Prince Street Bowmanville, Ontario Bowmanville, Ontario Bowmanville, Ontario L 1 C 4M9 L 1C 2J5 L 1 C 1 G5 Chris Kooy Bowmanville Lakeridge Grant Keunkoo Lee Elliott Tremeer Health 239 King Street 34 Cole Avenue 47 Liberty Street South Bowmanville, Ontario Bowmanville, Ontario Bowmanville, Ontario L1C 1K6 L 1 C 1 K6 L 1C 2N4 .. c :.,,~ > , REPORT NO.: PSD-133-03 PAGE 13 Mr. George Tzalis 591617 Ontario Ltd. .13 Bruntsfiled Street Courtice, Ontario L 1 E 1 B4 Mr. Mark Bradley Tim Hortons TDL Group 874 Sinclair Road Oakville, Ontario L6K 2Y1 Stephen J. D'Agostino Suite 3100 390 Bay Street Toronto, Ontario Mr. Marvin Green LE Group 23 Lesmill Road, Suite 401 North York, Ontario M3B 3P6 Ray Shepherd 294 King Street E Courtice, Ontario L 1 C 1 P9 Colin Chamberlain 11 Hobbs Drive Bowmnaville, Ontario L 1C 3R8 Junia Hodge 10 Meams Ave Bowmanville, Ontario L 1C 3K5 R. Wharmby 28 Deerpark Cres. Bowmanville, Ontario L 1C 3M3 R. James Suderman Priszm Brandz 101 Exchange Avenue Vaughan, Ontario L4K 5R6 Mr. John Sewchuk Royal LePage Frank Real Estate 39 Temperance Street Bowmanville, ON Mr. Stanley Makuch Cassels Brock & Blackwell 2100 Scotia Plaza 40 King Street West Toronto, Ontario M5H 3C2 Mr. Joe Gerrits Gerr Holdings Limited 3386 Solina Road North Courtice, Ontario L 1 C 3K4 David Zhai 68 King Street E Apt. 303 Bowmanville, Ontario L 1 C 3N2 Johanne Holmes 7 Lambert Street Bowmanville, ON L 1 C 2K9 George Moore 9 Church Street Bowmanville, Ontario L 1 C 1 S2 Greg & Joan Adams 17 Frank Street Bowmanville, Ontario L 1C 3K5 Ms. Patricia Dean 45 Hobbs Drive Bowmanville, Ontario L 1C 3R9 Daniel Dumont Le Groupe, Jean Coutu (PJC) Inc. 530, rue Beriault Longueil, PO J4G 1 S8 Mr. Douglas Bundy A&P Properties Limited PO Box 68, Station A Toronto, Ontario M5W 1A6 Violet Cook 294 King Street E Bowmanville, Ontario L 1C 1P9 Mel Green Lakeridge Health Oshawa Rudy Buczolits 7601 Keele Street Vaughan, Ontario George Tzalis 13 Bruntsfield St. Courtice, Ontario L1E1B4 L.A. Parker 26 Ashdale Cres. Bowmanville, Ontario L 1 C 3M9 " , . REPORT NO.: PSD-133-03 PAGE 14 Sheila Hall Clarington Board of Trade 181 Liberty St. S Bowmanville, Ontario L 1 C 3Z2 J. Wilson 53 Brown Street Bowmanville, Ontario L 1C 2R5 Harry & Marlene McCall 217 Conestoga Crt, Oshawa, Ontario L 1 G 1 B7 J. Rice 4 St. George Street Bowmanville, Ontario L 1 C 2K6 Bryce Jordan Sernas & Associates 110 Scotia Crt" Unit 41 Whitby, ON L 1 N 8Y7 D. Hartford 19 Saunders Avenue Bowmanville, Ontario L 1C 2A6 John Buddo 3694 Golf Course Road Orono, Ontario LOB 1 MO A. Rice 62 Prospect Street Bowmanville, Ontario L 1C 3H2 Charles Cattran 222 King Street East Bowmanville, Ontario L1C1P6 Ron Petch 8 Queen Street Bowmanville,ON L 1 C 1 L8 J. Dale Sutton Group 286 King Street West Oshawa, Ontario L 1 J 2J9 Trevor Small 246 King Street Bowmanville, Ontario L & W Grant 23 Simpson Avenue Bowmanville, Ontario L 1C 3M5 John Shewchuk Royal LePage Frank Real Estate 39 Temperance Street Bowmanville, ON L 1 C 3A5 Stephanie Bottero Weston Consulting 201 Millway Avenue, Unit 19 Vaughan, ON L4K 5K8 '- ---- / ---- ---- A ~ ~ if ---- ~ ---- (; I I I ~ :0..: 3^I~O ~ON'v'~Hl'v'~lS I ," .....: ~ ~ ~ ~ ~ ~ <?: ATTACHMENT 1 ~ ~ - - ~ \jp ~~~ '-' I-- ~"\ ~ a:: Cl ~ en OJ OJ o OJ: _ ~rl I ",1/)- ~" I ~__- ~\'o' N( ~~IS ~ e-J ~ en - 133~lS )1N'v'~.:1 - ~ [] f-l =f- >-- ~- t;:; I-- f- Q. We-- llS f!:_ ::E en - ...... -- .... -~ ..."' - - ... ~",- W _ - 0 '-' - "" -""'~ '" _ '0 ~~:-::,~ a:: .;:: ~il2 2:: fl!~ a. -:s '~~~~ L- 0 ~~~~ T f- i TR' ~S I~ tL ~i \ ~ ! !J15t~ ~ R ~~~~ ,", ,",';:"': ,",-;:..,: C5 ~ ~ ~ ~:-.: ~ it; 8 ," ~'"""' ~ ~ '" ~ ,\] I I ~ ~ ~ i~ ,,:~'" ''""'''' _ ~L--LrJ ~~~~ .~~" " ~ _ n II T ~ _~ = ~I= Hl~ON 133~lS ~ _ zf-- ~381l 0 = w= 1/ L ~ . =- /.... ~s ^- II ~ L- f=H~ wI-- la ( .J I--- - C3 Bil-- Ie <( I Cl C .- C o N &! o I- - U Gl :C' ;j en I'll ~ <( ~ ~ o o I- - U Gl :C' ;j en I'll ~ <( , ' ., ATTACHMENT 2 " AMENDMENT NO. 36 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this Amendment is to implement the recommendations of the Bowmanville Kinq Street East Corridor Study. BASIS: On January 6, 2003, Council of the Municipality of Clarington resolved to review the land use, transportation and urban design issues affecting lands identified as the Bowmanville King Street East Corridor, a portion of the Bowmanville East Main Central Area. Interim Control By-law 2002-01 was passed to provide the Municipality with breathing space to undertake this Study. Urban Strategies Inc., Totten Sims HubickLAssociates, working with Municipal staff undertook this work which included extensive public consultation with stakeholders and residents. Two public information centres were held in June and September of 2003. This amendment is based on the analysis and public consultation undertaken through this study and summarized in the report entitled Bowmanville Kinq Street East Corridor Study dated September, 2003. Amendment 36 incorporates amendments to both the Clarington Official Plan and Bowmanville East Main Central Area Secondary Plan. ACTUAL AMENDMENT The Clarington Official Plan is amended as follows: 1. By amending Table 9-2 Housing Targets by Neighbourhood, to adjust the housing targets in Bowmanville in the East Main Central Area from "550" to "700", and the high density units from "175" to "225", by reducing the medium density units in Vincent Massey Neighbourhood from "400 to "200" and making appropriate adjustments to totals for each neighbourhood, the Bowmanville Urban Area and Total so that the neighbourhood housing targets are as follows: Table 9-2 Housing Targets by Neighbourhood Urban Area Housing Units Neighbourhoods Residential Areas Central Areas Inten:;ification Total Low Medium High Medium High Bowmanville N1 East Main 0 0 0 700 225 275 1200 Central Area N5 Vincent Massey 1025 200 0 0 0 175 1400 TOTAL 13125 3000 875 1375 1925 1800 22150 1 . , AMENDMENT NO. 36 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this Amendment is to implement the recommendations of the Bowmanville Kino Street East Corridor Study. BASIS: On January 6, 2003, Council of the Municipality of Clarington resolved to review the land use, transportation and urban design issues affecting lands identified as the Bowmanville King Street East Corridor, a portion of the Bowmanville East Main Central Area. Interim Control By-law 2002-01 was passed to provide the Municipality with breathing space to undertake this Study. Urban Strategies Inc., Totten Sims HubickLAssociates, working with Municipal staff undertook this work which included extensive public consultation with stakeholders and residents. Two public information centres were held in June and September of 2003. This amendment is based on the analysis and public consultation undertaken through this study and summarized in the report entitled Bowmanville Kinq Street East Corridor Study dated September, 2003. Amendment 36 incorporates amendments to both the Clarington Official Plan and Bowmanville East Main Central Area Secondary Plan. ACTUAL AMENDMENT The Clarington Official Plan is amended as follows: 1. By amending Table 9-2 Housing Targets by Neighbourhood, to adjust the housing targets in Bowmanville in the East Main Central Area from "550" to "700", and the high density units from "175" to "225", by reducing the medium density units in Vincent Massey Neighbourhood from "400 to "200" and making appropriate adjustments to totals for each neighbourhood, the Bowmanville Urban Area and Total so that the neighbourhood housing targets are as follows: Table 9-2 Housing Targets by Neighbourhood Urban Area Housing Units Neighbourhoods Residential Areas Central Areas Inten3ification Total Low Medium High Medium High Bowmanville N1 East Main 0 0 0 700 225 275 1200 Central Area N5 Vincent Massey 1025 200 0 0 0 175 1400 TOTAL 13125 3000 875 1375 1925 1800 22150 1 2. By amending Map A3 Land Use to expand the boundaries of the Bowmanville East Main Central Area as shown in Exhibit A. 3, By amending Map E2 Neighbourhood Planning Units: Bowmanville Urban Area to adjust the boundaries of the East Main Central Area Neighbourhood 1 and Vincent Massey Neighbourhood 5 with related adjustments to population targets for each neighbourhood as shown in Exhibit B. The Bowmanville East Main Central Area Secondary Plan is amended as follows: 1. By amending Section 3.7 by adding the words "street-related" before the word "character" and by adding the words "eastwards to Simpson Avenue" after the word "Downtown" such that it reads as follows: "3,7 To create an urban activity corridor focused on King Street which is pedestrian oriented and extends the street-related character of the . Downtown eastwards to Simpson Avenue." 2. By amending section 4.3 by replacing "3,000" with "3,100". 3. By amending Section 5.4 by adding after the word "Downtown" in the first line the words "and the East Business District east of Liberty Street." by adding the words "or the future vision for street-related commercial redevelopment" after the word "area" and by deleting the word "Downtown" in the fourth line and replacing it with the words "East Main Central Area" such that it reads as follows: "5.4 Existing uses within the Downtown and the portion of the East Business District east of Liberty Street which are not compatible with the historic character of the area or the future vision for street-related commercial redevelopment, such as auto-related sales and service, service stations, and commercial uses with outdoor storage, shall be encouraged to relocated to areas outside of the East Main Central Area." 4, By adding a new Section 5.6 as follows: "5.6 Notwithstanding the requirement for new development to be built close to the street-line, in the East Business District east of Liberty Street a one- time, limited expansion of an existing commercial use may be permitted where Council is satisfied that it assists to implement the objectives of this Plan and improves the building's relationship to the street." 5. By renaming Section 6 from "Strip Commercial Area" to "Major Commercial Area" 6. By deleting Section 6.1 and replacing it with the following: "6.1 This designation recognizes the Bowmanville Mall as the major anchor of the Bowmanville East Main Central Area comprising approximately 10,000 square metres of gross leasable floor area. The Bowmanville Mall was built back from the streetline. Any further development or redevelopment should improve on the existing character of the area by infilling closer to the King Street streetline, developing second storey uses and vertical elements, 2 , . ' '..; incorporating a wider variety of uses and high quality architectural and landscape design. 7. By amending Section 6.2 to delete the text after the second bullet "automobile service stations" and replace that text with "residential dwelling units generally above the ground floor". 8. By amending Section 6.3 as follows: a) In subsection b) to add the word "and" after the words "ground floors;" b) To delete subsection c), and c) To delete the word and numbering "Section 10.3.7 (b) to (i)" and replace it with the word and numbering "Section 10.3.7 (a) to (i)". 9. By deleting Section 6.4. 10. By revising Section 8.2 by deleting the text of the first bullet and replacing it with the following: i. "For lands designated "Residential" in the Downtown, medium or high density residential uses in accordance with Section 9.4 of the Official Plan" 11. By adding a new Section 8.3 as follows: "8.3 Low Density Residential Area a) Permitted uses on lands designated Low Density Residential includes residential, home-based occupation uses, parks, schools, institutions or community facilities. Other than home- based occupations, no other commercial use is permitted in the Low Density Residential Area. b) The maximum density of development shall be up to 30 units per net residential hectare. 12. By adding a new Section 8.4 as follows: "8.4 Medium Density Residential Area 1. Permitted uses on lands designated Medium Density Residential include residential, special needs housing, or community facilities. Predominant dwelling types include townhouses, stacked townhouses and low-rise apartment buildings. 2. The maximum density of development shall be up to 60 units per net residential hectare." 13. By adding a new Section 8.5 as follows: "8.5 High Density Residential Area 1. Permitted uses on lands designated High Density Residential include residential, special needs housing, community facilities 3 . . or parks. Predominant residential dwelling types include townhouses, stacked townhouses and apartment buildings up to 6 stories in height. 2. The density of development shall be 40 to 100 units per net residential hectare, except where a High Density Residential Area is located abutting the Regional Transit Spine identified on Map B, where the density shall be 60-100 unites per net residential hectare. 3. Parking for all residential units shall generally be located to the rear of the dwelling unit and may be accessed from the rear of dwelling by means of laneways." 14. By renumbering the existing Sections 8.3 and 8.4 as Sections 8.6 and 8.7. 15. By amending Section 10.6 by adding a second sentence stating. "The Municipality encourages the attraction and retention of other uses supportive to the Hospital including medical offices and long term care facilities." 16. By amending Section 12.1 to delete the second sentence and replace it with the following sentence: "They will provide guidelines with respect to the design, massing, height, scale and location of buildings in context of the streets, parks and public spaces. They will identify the preferred location of parking areas and laneways, landscape treatment, streetscape design and other necessary features that are important to achieve the goals and objectives of this Plan, Urban Design Guidelines may also address specific features such as fa<;:ade improvements and signage." 17. By amending Section 12.3 to delete the words and numbering "urban design principles of Section 10.3.7 of the Official Plan, the site development criteria contained in this Plan" and to replace them with the words and numbering "urban design principles of Section 10.3.2 of the Official Plan, the site development criteria of this Plan and Section 10.3.7 of the Official Plan". 18. By adding a new Section 12.5 as follows: "Urban Design Guidelines prepared for the East Business District, east of Liberty Street, are appended to this Plan." 19. By deleting Section 13.1 and replacing it with the following new Section 13.1 as follows: "13.1 The Municipality will implement various measures, subject to budgetary approval, to enhance traffic operations, safety and capacity on King Street East, and achieve the objectives of this Plan including: a) Improving road geometry, rationalizing lane arrangements, installing raised centre medians where appropriate and other design modifications; b) widening sidewalks and incorporating streetscape enhancements to improve the pedestrian environment; 4 . ., c) reviewing regulations for street parking; d) adding additional traffic signals and optimizing traffic signal timing; e) encouraging the relocation of undesirable private accesses; and f) investigating the designation of King Street East as a controlled access road under the Municipal Act, 2001, and the closing of undesirable private accesses." 20. By amending Section 13.2 to delete the last sentence and to replace it with the following sentence: "It is Municipality's policy to implement the following extension of the grid system as required by transportation need and when funding is budgeted: a) the extension of Church Street East through to connect with Galbraith Court; b) the extension of Simpson Avenue north from King Street East to provide access to residential development lands north of the proposed Church Street East extension; and c) the extension of Queen Street through to Frank Street. In addition, the Municipality will investigate the possible construction of a private road on the hospital lands to extend George Street through to Prince Street in any hospital expansion. 21 . By amending Section 13.4 to add the following sentence at the end of the section: "In any development or redevelopment of the East Business District east of Liberty Street, an integrated system of private lanes shall be provided to permit movement of passenger vehicles between adjoining commercial properties. The internal laneways shown on Map B are conceptual and the exact location shall be determined through site plan approval. The Municipality will encourage the transfer of easements by private land owners to secure access between abutting properties on internallaneways. The internallaneways will not be assumed by the Municipality." 22. By adding a new Section 13.7 "13.7 The Municipality may require a traffic impact study for any proposal for development or redevelopment to ensure that it does not negatively impact operation safety and capacity of the road network. 23. By amending Map B to the Bowmanville East Main Central Area Secondary Plan as shown on Exhibit C. IMPLEMENTATION The provisions set forth in the Clarington Official Plan and the Bowmanville West Main Central Area Secondary Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment. 5 ., , ' INTERPRETATION The provisions set forth in the Clarington Official Plan and the Bowmanville West Main Central Area Secondary Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. 6 .' r EXHIBIT "Au AMENDMENT No. 35 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN MAP A3, LAND USE, BOWMANVILLE URBAN AREA Cl => u Ul Ulli z ~ :::Ii @ ~. z DELETE "MEDIUM DENSllY SYMBOLS' @ SPECIAL POUCY AREA E .~ @ ILl a: Iii ,"- ")~ ~:~_1 II ~ ILl fi ~ M @ -'-,.<---.---"" EXHIBIT "B" '. AMENDMENT No. 36 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN BOWMANVILLE URBAN AREA, NEIGHBOUHOOD PLANNING UNITS G (4000) APPLE BlO SOM (4750 Change From "4400" to "3600" STREET 0::: (/) m 2 ::s G o G :::::J U (/) ~ Revise Neighbourhood Boundary 3 ORIALi Revise 00) Neighbourhood Boundary BASELINE Change From "2300" to "3100" ROAD ~\ HIGHWAY 401 \ t MAP E2 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA _ _ - URlWl BOUNO.ORY NEJGHBOURHOOO BOUNtWlY (1000) POPU.ATION OFFICIAL PlAN MUNICIPAU1Y OF CLARINGTON DECEN8€R 15, 2002 REFER TO SECTIONS 5 Nill 9 ., EXHIBIT "e" . '. AMENDMENT No. 36 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN E!OWMANVILLE, EAST MAIN CENTRAL AREA, SECONDARY PLAN-EAST BUSINESS DISTRICT DESIGNATE "HIGH DENSITY RESIDENTIAL" w ~ 0:: o CHANGE FROM "RESIDENTIAL TO "MEDIUM DENSITY RESIDENTIAL" 0:: CHANGE FROM 'ROAD ALLOWANCE TO "STREET RELATED COMMERCIAL AREA" I CHANGE FROM "STRIP COMMERCIAL AREA" TO "STREET RELATED COMMERCIAL AREA" DESIGNATE "STREET RELATED COMMERCIAL AREA" w ~ (f) z '0:: DESIGNATE "HIGH DENSITY RESIDENTIAL" CHANGE FROM "RESIDENTIAL" TO "HIGH DENSITY RES!DENTIAL" ADD "INTERNAL LANEWAYS' AS SHOWN CHANGE FROM "INSTITUTION" TO "MEDIUM DENSITY RESIDENTIAL" a.. ::;; (f) CHANGE FROM "MIXED USE AREA" TO "STREET RELATED COMMERCIAL AREA" DESIGNATE "LOW DENSITY RESIDENTIAL" RK CHANGE FROM "STRIP COMMERCIAL AREA" TO "STREET RELATED COMMERCIAL AREA" EXTEND 'EAST BUSINESS DISTRICT BOUNDARY" EAST BUSINESS DISTRICT BOUNDARY <____-> INTERNAL LANEWAY STREET-RELATED COMMERCIAL AREA MAPB LAND USE EAST BUSINESS DISTRICT o 50 100 150 m ~ ~ ,.. i............. I - MEDIUM DENSJ1Y RESIDENTIAL HIGH DENSITY RESIDENTIAL .. ~ ~ ~. ~ MAJOR COMMERCiAl t LOW DENSITY RESIDENTIAL INSTITUTION it l.~':;1 'A~lr.j ~FE;' ,[('_lr\[:,l"F'v FLNJ DECEMBER 15, 2002 50 m ENVIRONMENTAL PROTECTION AREA '~-'~ UJ~'_;(jIl:",rl')" ," PRO"'fJFV 'UR COffylM[NU l"c ANl ~lP"lc,[f:.!~~__~t'!.'i.i~~_!'5JO'Hfl'C~C, M1G "PFP .-. ATTACHMENT 3 " CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2003-153 being a By-law to amend Zoning By-law 84-63, as amended, as it applies to certain lands in Bowmanville between Liberty Street and Mearns Avenue WHEREAS, Report #PSD-115 respecting the King Street Corridor Study Final Report was received by Council's General Purpose and Administration Committee at its meeting on September 22, 2003; AND WHEREAS, in the Final Report the Municipality's consultants. Urban Strategies Inc, and Totten Sims Hubicki, recommended that the Municipaiity take certain actions to implement the Report. including the adoption of amendments to the Bowmanville East Main Central Area Secondary Plan and the passin9 of amendments to Zoning By-iaw 84-63, as amended, AND WHEREAS. by the passing of By-law 2003-152, Council adopted Amendment No. 36 to the Bowmanville East Main Central Area Secondary Pian, NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, By-law 84-63 as amended is amended by amending the map contained in Schedule "3" of the aforesaid By-law 84-63 by deleting the zone boundaries and symbols applicable to the lands identified as the "Lands to Which This By-law Applies" on the map contained in Schedule "A" attached to and forming part of this By-law, and by replacing them with the zone boundaries and symbois shown on the map contained in Schedule "A" attached to this By-law. 2. By-iaw 84-63 as amended is further amended by deleting Section 16.5.3 respecting lands zoned C1-3, on the map contained in Schedule "3" attached to the aforesaid By-law 84-63 as amended by this By-law. and by replacing it with a new Section 16.5.3 as follows: "16,5,3 GENERAL COMMERCIAL EXCEPTION (C1-3) ZONE (1) Notwithstanding the provisions of Sections 16.1(a), 16.1(b).16.2(b), 16,3 (a). 16.3 (b) and 16.3(d), no person shall use any land or erect or use any building or structure located in a C1-3 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 residential uses. Section 16.1 (a) is amended to include, "iii) an apartment building" ii) With respect to non-resirtentiai uses, a drive-through facility shall not be erected or used in a C1-3 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 any 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 (hat 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) notwithstanding Section 16.5.3(1 )(v)(a) and (b), a building or structure erected or used for the purpose of a drive-through facility is set back on the lot on which it is located not more than 5 metres from the portion of a King Street East street line which coincides with the lot line of the lot on which the drive through restaurant is located; (f) no portion of the stacking lane and no motor vehicle parking spaces or drive aisle to any of such parking spaces are located within the setback area referred to in Section 16,5.3(1)(ii)(e); (g) 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 King Street East street line which coincides with a lot line of the lot to an entrance in the building containin9 the drive-throu.g.~ facility; and (h) 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. iii) Notwithstanding Section 16,5,3(1 )(ii)(c) and (h), a drive- through facility which is not a drive-through eating establishment; a drive-through eating establishment, drive- in; or a drive-through eatin9 establishment, take-out, are permitted if they satisfy the other provisions of Section 16.5.3(1 )(ii) and this By-law and the following requirements: (a) a stackin9 lane is provided and maintained on the lot, which stscking lane 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 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. is provided and maintained on the lot. iv) With respect to a lot zoned C1-3, yards with the widths set out below shall be provided and maintained on the lot as follows: (a) Front Yard (b) Exterior Side Yard (c) Interior Side Yard (d) Rear Yard -a minimum width of 4.5 metres and a maximum width of 6.5 metres, -a minimum width of 4.5 metres and a maximum width of 6,5 metres, except where the building or structure has a gross floor area not exceeding 250 square metres which abuts any portion of the southerly limit of King Street East. the exterior side yard shall have a minimum width of 3.0 metres and a maximum width of 4.0 metres, -a minimum width of 7.5 metres, except where an abutting lot is within a residential zone, the interior side yard shall have a minimum width of 10.0 metres, -a minimum width of 10.5 metres, except where an abutting lot is in a residential zone, the rear yard shall have a minimum width of 15.0 metres, v) With respect to lots within the C1-3 zone the following regulations shall be complied with: (a) Building Height - buildin9s erected or used on a lot shall not exceed 6 stories above grade provided that notwlthstandin9 Section 16,5.30(1 )(iv)(a) and (b) the third and higher stories of the building facing Kin9 Street is set back not less than 1.5 metres from the upward projection of the wali of the second storey of the buildin9 which faces a portion of a King Street East street line, (b) Lot Coverage -a maximum of 35 percent, (c) Landscaped Open Space: -part of the landscaped open space shali be provided and maintained on a lot and shali comprise areas having a minimum depth of 1.5 metres from the front lot line and from each of the exterior lot lines, except where a driveway or walkway is located within 1.5 metres from the front lot line or an exterior lot line in which case no landscaped open space is required to be provided in sucn area, (d) Parking Space Location: -notwithstanding Section 3,15(e)(iii) of the aforesaid By- law 84-63. parking spaces shall not be located in the required front yard or in a required exterior side yard. vi) Sections 3.6(b) and 3,15(e)(iii) of the aforesaid By-law 84-63 do not apply to land, buildings or structures located in a C1-3 zone. vii) 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 faciiity may be in combination with other uses such as a bank or financial institution, dry cleaning establishment, dry cieaning distribution centre. eating establishment, eating establishment drive-in, eating establishment, take-out, motor vehicle fuel bar, motor vehicle service station, retail commercial establishment, service shop, light, service shop. personal, shopping centre, or supermarket. Despite the above, a drive-through facility does not include a motor vehicle wash; "residential zone" me'ans 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) Notwithstanding the provisions of Section 16,5.3(1), in a C1-3 zone all uses that in fact were made of land, building or structures, and all buildings or structures that in fact were constructed and existed on October 19, 2003, and were not prohibited by the provisions of the aforesaid By-law 84-63 on October 19, 2003, shall be deemed to be permitted by the provisions of the aforesaid By-iaw 84-63, as amended by this By-iaw," 3, By adding a new Section 16.5,30 respecting lands zoned C1-30 on Schedule "3" attached to the aforesaid By-law 84-63 as amended by this By-law, as foliows: "16.5.30 GENERAL COMMERCIAL EXCEPTION (C1-30) LONE (1) Notwithstanding the provisions of Sections 16,1 (a), 16,1 (b), 16.2(b), 16.3 (a), 16,3 (b) and 16,3(d), no person shall use any land or erect or use any building or structure located in a C1-30 zone for any residential or non-residential purpose unless the provisions of this Section and the applicabie provisions of the aforesaid By-law 84-63 a re satisfied: i) With respect to residential uses, Section 16.1(a) is a;nended to include, "iii) an apartment buiiding", ii) With respect to non-residential uses a drive-through facility shall not be erected or used on lands within a C1-30 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 ieast 12 metres from the lot line of a lot on which an apartment building, a singie 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) notwithstanding Section 16.5.30(1)(iv)(a) and (b), a buiiding or structure erected or used for the purpose of a drive-through facility is set back on the lot on which it is located not more than 5 metres from the portion of a King Street Easl slreet iine which coincides with the lot line of the iot on which the drive through restaurant is located; (f) no portion of the stacking lane and no motor vehicie parking spaces or drive aisle to any of such parking spaces are located within the setback area referred to in Section 16.5,30(1 )(ii)(e); (g) 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 King Street East which coincides with a lot line of the lot to an entrance in the building containing tho to the drive-through facility; and (h) notwithstanding the number of parking spaces required by Section 3.15(a) of the aforesaid By-law 84-63. not less tllan 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. iii) Notwithstanding Section 16.5.30(1 )(ii)(c) and (h), 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 thGY satisfy the other provisions of Section 16.5.30(1 )(ii) 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 slreelline which coincides with any portion of a lot line of the iot; and (b) not iess than 1 parking space for each 30 square metres of gross floor area contained in the buiiding or structure, are provided and maintained on the iot. iv) With respect to lots zoned C1-30, yards with the widths set out below shall be provided and maintained on the lot as follows: (a) Front Yard -a minimum width of 1 ,5 metres and a maximum width of 2,0 metres. (b) Exterior Side Yard -a minimum width 1.5 metres and a maximum width of 2.0 metres, (c) Interior Side Yard -a minimum width of 1.5 metres, except (i) where the buiiding on the lot has a common wall with a buiiding , , located on an abutting lot, in which case an interior side yard is not required, and (ii) where an abutting lot is within a residential zone, the interior side yard shall have a minimum width of 5 metres, (d) Rear Yard -a minimum width of 5 metres, except where an abutting lot is within a residential zone, the rear yard shall have a minimum width of 10 metres. v) With respect to lots within the C1-30 zone, the foli~wing regulations shall be complied with: (a) Buildings erected or used on a iot zoned C1-30 shall not exceed 6 stories above grade provided that notwithstanding Section 16.5.30(1)(iv)(a) and (b) the third and higher stories of the building facing King Street are set back not less than 1.5 metres from the upward projection of the wall of the second storey of the building which faces a portion of a King Street East street line. (b) Part of the landscaped open space shall be provided and maintained on a lot and shall comprise areas having a minimum depth of 1.5 metres from the front lot line and from each of the exterior lot lines, except where a driveway or walkway is located within 1.5 metres from the front lot line or an exterior lot line in which case no landscaped open space is required to be provided in such area. (c) The length of a business establishment facade erected or used on a lot with a lot frontage on King Street East shall not be less than 50% of the length of the lot frontage. (d) A minimum of 25% of the business establishment fac;;ade shall be constructed of transparent glass, (e) Notwithstanding Section 3.15(e)(iii) of the aforesaid By- law 84-63. packing spaces shall not be located in the front yard or in an exterior side yard required by Section 16.5.30(1 )(iv)(a) and (b). . vi) Sections 3.6(b) and 3.15(e)(iii) of the aforesaid By-law 84-63 do not apply to land. buildings or structures located in a C1- 30 zone. (2) Notwithstanding the provisions of Section 16.5,30(1), in a C1-30 zone all uses that in fact were mace of land, buildings or structures, and all buildings or structures that in fact were constructed and existed on October 19, 2003 and were not prohibited by the provisions of the aforesaid By-law 84-63 on October 19, 2003, shall be deemed to be permitted by the provisions of the aforesaid By- law 84-63, as amended by this By-law. This subsection 16.5,30(2) does not apply to the lands and premises known for municipal purposes in 2003 as 195 King Street East, Bowmanvilie. (3) In this Section. the term: "business establishment"' means a building which contains anyone or more non-residential uses permitted in a C 1-30 zone, whether or not the building is part of a shopping centre; "business establishment fa~ade" means the portion of the exterior wall iocated between finished grade and the levei which is 3 metres above finished grade of a business establishment which wall faces King Street East; "drive-through facility" means the use of iand, buiidings 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 cieaning establishment, dry cleaning distribution centre, eating establishment. eating establishment drive-in, eating establishment, take-out, motor vehicie fuel bar. motor vehicle service station, retail commercial establishment, service shop, light, service shop, personal, shopping centre, or supermarket. Despite the above. a drive-through facility does not include a motor vehicle wash; "residential zone" means an Urban Residentiai 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 Speciai 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." 4. By-law 84-63 as amended is further amended by adding a new Section 14.6.24 respecting lands zoned R3-24 on Schedule "3" attached to the aforesaid By-law 84-63 as follows: "14.6,24 URBAN RESIDENTIAL EXCEPTION (R3-24) ZONE (1) Notwithstanding Sections 3.15(e)(iv), 14.1 (a), 14,1(b), 14.2, 14.3(c), 14.4(c) and 14.4(g), no person shall use any land or erect or use any building or structure in an R3-24 zone for any purpose unless the provisions of this Section and the applicable provisions of the aforesaid By-law 84-63 are satisfied: (a) Only an apartment building. link townhouse dwellings, stacked townhouse dwellings, or street townhouse dwellings may be erected and used on a lot; (b) In the cases of street townhouse dwellings, yards with the widths set out below shall be provided and maintained on the lot as follows: i) Front Yard -a minimum width of 4,5 metres and a maximum widih of 6,5 metres. -. ii) Interior Side Yard iii) Exterior Side Yard iv) Rear Yard -1.5 metre, except (i) where a building has a common wall with a building on an adjacent lot located in the R3-24 zone, in which case no interior side yard is required, and (ii) where the lot line is also the boundary of a different zone. in which case an interior side yard of 4,5 metres wide is required, , -a minimum width of 4.5 metres and a maximum width of 6,5 metres, -a minimum width of 7.5 metres. (c) In the cases of link townhouse dwellings, yards with the widths set out below shall be provided and maintained on the lot as follows: i) Front Yard Ii) Interior Side Yard iii) Exterior Side Yard iv) Rear Yard -a minimum width of 4.5 metres and a maximum width of 6,5 metres. -a minimum width of 4.5 metres. -a minimum width of 4.5 metres and a maximum width of 6.5 metres. -a minimum width of 7.5 metres. (d) Also in the case of link townhouse dwellings the following regulations shall be complied with: (i) the maximum building height shall be 10.5 metres; and (Ii) notwithstanding S6ction 3,15(e)(iv) of the aforesaid By-law 84-63, parking spaces shall not be located in the required front yard or in a required exterior side yard, (e) In the case of stacked townhouse dwellings yard shall be provided and maintained on the lot as follows: i) Front Yard ii) Interior Side Yard ili) Exterior Side Yard -a minimum width of 4.5 metres and a maximum width of 6.5 metras, -a minimum width of 4,5 metres, -a minimum width of 4.5 metres and a maximum width of 6.5 metres. c. iv) Rear Yard -a minimum width of 7,5 metres. (f) Also in the case of stacked townhouse dwellings, the following regulations shall be compiied with: i) Dwelling Unit Area -minimum of 85 square metres, ii) Lot Coverage -maximum 40%, iii) Landscaped Open Space -minimum 40%, iv) Building Height - maximum 4 stories, v) Parking Space Location: -notwithstandin~ Section 3.15(e )(iv) of the aforesaid By-law 84-63, parking spaces shall not be located in the required front yard or in a required exterior side yard. (g) In the case of an apartment building, yards with the widths set out below shall be provided and maintained on the lot as follows: i) Front Yard -a minimum width of 4.5 metres and a maximum width of 6.5 metres, ii) Interior Side Yard -a minimum width of 7.5 metres. Hi) Exterior Side Yare! -a minimum width of 4.5 metres and a maximum width of 6.5 metres, iv) Rear Yard -a minimum width of 7.5 metres, (h) Also in the case of an apartment building, the following regulations shall be complied with: i) Dwelling Unit Area (minimum) a) Bachelor Dwelling Unit 40 square metres b) One Bedroom Dweliing Unit 55 square metres c) Two Bedroom Dwelling Unit 70 square metres d) Dweliing Unit Containing Three or more bedrooms 80 square metres plus 7 square metres for each bedroom in excess of three ii) Lot Coverage -maximum 40%, iii) Landscaped Open Space -minimum 40%, " , iv) Building Height - maximum 4 stories, v) Parking Space Location: -notwithstanding Section 3.15(e)(iii) of the aforesaid By- law 84-63, parking spaces shall not be located in the required front yard or in a required exterior side yard. (2) Notwithstanding any other provision of this By-law, no portion of the lot shall be used to provide motor vehicle access directly from it to King Street East. nor to provide motor vehicle access from any portion of the lot to Galbraith Court nearer than 25 metres northerly from the northerly street line of King Street East. (3) For the purposes of this Section, the term "stacked townhouse dwelling" means one of a group of three or more building units separated vertically andlor horizontally.' 5. By-law 84-63 as amended is further amended by adding a new Section 15.4.25 respecting lands zoned R4-25 on Schedule "3" attached to the aforesaid By-law 84-63, as follows: "15.4,25 URBAN RESIDENTIAL EXEMPTION (R4-25) ZONE (1) Notwithstanding Sections 3.15(e)(iv). 15.1(b). 15,2, 15.2(c), 15.2(f) and 15,2(g) no person shall use a lot or erect or use a building or structure in an R4-25 zone for any purpose unless the provisions of this Section and the applicable provisions of the aforesaid By-law 84-63 are satisfied: (a) Only an apartment building or a nursing home may be erected and used on a lot provided the lot has a minimum lot frontage of 40 metres. (b) Yards with the widths set out below shall be provided and maintained on the lot as follows: i) Front Yard -a minimum width of 4,5 metres and a maximum width of 6.5 metres, ii) Interior Side Yard.. -a minimum width of 7.5 metres, Iii) Exterior Side Yard -a minimum width of 4.5 metres and a maximum width of 6.5 metres, iv) Rear Yard -a minimum width of 7.5 metres. v) Parking Space Location: -notwithstanding Section 3, 15(3)(iv) of the aforesaid By-law 84-63, parking spaces shall not be located in the required front yard or In a required exterior side yard. (c) Pa;t of the landscaped open space shall comprise areas having a minimum depth of 1.5 metres from the front lot line and from each of the exterior lot lines, except where a " . '. driveway or walkway is located within 1.5 metres from the front lot line or an exterior lot line in which case no landscaped open space ;s required to be provided in such area. (d) A building erected or used on a lot zoned R4-25 shall not exceed 6 stories above grade provided that notwithstanding Sections 15.4.25(b)(i) and (iii), the third and higher stories of the building which face King Street East are set back not less than 1.5 metres from the upward projection of the wall of the second storey of the building which faces a portion of King Street East. (2) Notwithstanding the provisions of Section 15.4.25(1), in a R4-25 zone all uses that in fact were made of land. buildings or structures. and all buildings or structures that in fact were constructed and existed on October 19, 2003 and were not prohibited by the provisions of the aforesaid By-law 84-63 on October 19, 2003, shall be deemed to be permitted by the provisions of the aforesaid By- law 84-63, as amended by this By-law." 6. By-law 84-63 as amended is further amended by adding a new Section 15.4.26 respecting lands zoned R4-26 on Schedule 3 attached to the aforesaid By-law 84-63 as amended by this By-law, as follows: "15.4,26 URBAN RESIDENTIAL EXCEPTION (R4-26) ZONE (1) Notwithstanding Sections 3.15(e)(iv). 15,2(b), 15.2(e) and 15.2(g), no person shall use any land or erect or use any building or structure in a R4-26 zone unless the provisions of this Section and the applicable provisions of the aforesaid By-law 84-63 are satisfied: (a) Only an apartment building may be erected and used on a lot, provided that the lot has a minimum lot frontage of 40 metres. (b) Yards with the widths set out below shall be provided and maintained on the lot: i) Front Yard -8 minimum wid::' of 4.5 metres and a maximum width of 6.5 metres, ii) Interior Side Yard -a minimum width of 7.5 metres, iii) Exterior Side Yard -a minimum width of 4.5 metres and a maximum width of 6.5 metres, iv) Rear Yard -a minimum width of 7.5 metres. v) Parking Space Location: -notwithstanding Section 3.15(3)(iv) of the aforesaid By-law 84-63, parking spaces shall not be located in the required front yard or in a required exterior side yard. iv) Rear yard -5 metres. except 10 metres where the abutting :ot is within a residential zone. d) Lot Coverage (maximum) e) Landscaped Open Space (minimum) f) Height of Building (maximum) -40% -30% -6 stories 15A.3 RESIDENTIAL ZONE In this Section the term "residential zone" means an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Re8idential 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," 9. If a Court of competent jurisdiction declares any provision, or any part of any provision of this By-law to be invalid or to be of no force and effect, it is the intention of the Council in enacting this By-law that each and every other provision and part of a provision of it, shall remain in full force and effect. BY-LAW read a first time this day of 2003 BY-LAW read a second time this day of 2003 BY-LAW read a third time and finally passed this day of 2003 John Mutton, Mayor Patti L. Barrie. Municipal Clerk .' (c) Part of the landscaped open space shall comprise areas having a minimum depth of 1.5 metres from the front lot line and from each of the exterior lot lines, except where a driveway or walkway is located within 1.5 metres from the front lot line or an exterior lot line In which case no landscaped open space is required to be provided in such area. (d) Buildings erected or used on a lot zoned R4-26 shell not exceed 6 stories above grade provided that notwithstanding Sections 15.4.26(b)(i) and (iii). the third and higher stories of the building facing King Street are set back not less than 1.5 metres from the upward projection of the wall of the second storey of the building which faces a portion of a King Street East street line, (2) Notwithstanding the provisions of Section 15.4.26(1). in a C1-30 zone all uses that in fact were made of land, buildings or structures, and all buildings or structures that in fact were constructed and existed on October 1 g, 2003 and were not prohibited by the provisions of the aforesaid By-law 84-63 on October 19, 2003, shall be deemed to be permitted by the provisions of the aforesaid By~ law 84-63, as amended by this By-law," 7. By-law 84-63 as amended is further amended by adding a new Section 15.4.27 respecting lands zoned R4-27 on Schedule 3 attached tc, the aforesaid By-law 84-63 as amended by this By-law, as follows: "15.4.27 URBAN RESIDENTIAL EXCEPTION (R4-27) ZONE (1) Notwithstanding Sections 15.2(c)(i), no person shall use any lard or erect or use any building or structure in a R4-27 zone unless the provisions of this Section and the applicable provisions of the aforesaid By-law 84-63 are satisfied: (a) front yard (minimum) 30 metres 8. By-law 84-63 as amended is further amended by adding a new Section 15A. respecting lands zoned "P1" on Schedule "3" attached to the aforesaid By-law 84-63 as amended by this By-law by adding a new Section 15A as follows: "15A MAJOR INSTITUTIONAL (P1) ZONE 15A.1 PERMITTED USES a) hospital, b) medical or dental clinic, and c) nursing home. 15A.2 REGULATIONS FOR PERMITTED USES a) lot Area (minimum) b) lot Frontage (minimum) c) Yard Requirements (minimum) -2000 square metres -20 metres i) Front yard ii) Exterior side yard iii) Interior side yard -6 metres -6 metres -5 metres, except 10 metres where tbe abutting lot is within a residential zone This is passed Schedule" A" this day to of By-law 2003-153 , 2003 A.D. -. , , I ,----, BOWMANVlLLE HIGH SCflOOL 8 FITNESS CENTRE , ,w > '" o I~ o z ~ w '" ~ '" VINCENT ....SSEY PUBLIC SCHOOL ~~CHURCH S.STREET ~ ..J .,' a::: C! ~ '" '" ,0 w " >-' '" ".; II IIi QUEEN STREET tn '" &Dl Zoning Change From "R1" TO "P1" ~ Zoning Change From "C1" TO 'C1-30" ~ Zoning Change From "R1-5" To "P1" - Zoning Change From "C1-21" TO 'C1-30' ~"''I7v..,.v'U'vJ Zoning Change From "R3' TO "(H)R3' 1.'/'/1 Zoning Change From 'R4" TO "(H)C1-30" ....... Il!IIlilI Zoning Change From "(H)C2" TO "(H)R3-24" ~ Zoning Change From "C1' TO '(H)C1-30" - Zoning Change From "R1-3" TO 'R4-25' - Zoning Change From "(H)C1" TO '(H)C1-30" Zoning Change From "R1" TO '(H)R4-26" - Zoning Change From "C7" TO "(H)C1-30" I:::::~ Zoning Change From "R4" TO 'R4-27" J John Mutton, Mayor Bowmanville Patti !.... Barrie. Municipal Clerk .' , ATTACHMENT .. Urban Design Plan and Guidelines King Street East Corridor The King Street East Corridor refers to those lands in the Bowmanville East Main Central Area, east of Liberty Street. The Urban Design Plan for the King Street East Corridor establish performance criteria to guide development of corridor over an extended period of time. The Urban Design Plan and specific built form guidelines should be interpreted with a measure of flexibility to allow desired diversity within the built environment. The King Street East Corridor is composed of two areas of distinct urban identity. King Street between Liberty Street and Simpson Avenue will develop a more urban, pedestrian-oriented character, akin to a traditional "main street". A much more cohesive pattern of development will link this part of the King Street East corridor with the historic downtown. Buildings will front directly onto King Street, and streetscape improvements will enhance the identity of the area. Traffic and movement through the area will be improved, and the impacts of cars on the area wili be carefully managed. Intensification of the area will be encouraged, but building heights will be limited to six storeys. King Street east of Simpson Avenue will have a somewhat different character. The Bowmanville Mall will remain as the primary commercial anchor at this end of Bowmanville, although some additional development on the site may occur. The north side will be reinforced as a medium density residential precinct serving to strengthen the eastern entry character of the King Street East corridor. This section of King Street will be developed with a high quality streetscape consisting of a central paved median and a double row of street trees with wide sidewalks on both sides of the street. The streetscape will define a visually significant point of entry and will serve as a transition zone for traffic coming from the rural area to the east of Mearns Avenue into the urban core to the west. 1. The Street System Several enhancements to the street system in the King Street East corridor are proposed. These enhancements will improve the flow of vehicular traffic, enhance pedestrian safety, and will reinforce the planning and urban design goals also recommended as a part of this study. Proposed enhancements to the street system include: . New traffic signals at King and St. George and on King Street just east of Galbraith Court, with a reconfigured entrance to the Bowmanville Mall. . Proposed new public street segments including an extension of Simpson Avenue north of King Street and an extension of Queen Street east to Frank Street. The street network will also be extended into the vacant lands west of Galbraith Court when that property develops. . A potential private street, built to public standards, running south from St. George Street through the Bowmanville Hospital property. . Policies to encourage the consolidation of access points on King Street and the connection of commercial properties on King via back lane access drives, in conjunction with the Municipality led program of capital improvements. The Urban Design Plan for the King Street East Corridor establishes a linked network of streets composed of primary, secondary and local streets. It is important to note that this is a different categorization of streets than the transportation planning classification in the Official Plan. For example, Liberty Street is shown as a Type B Arterial in the Officiai Plan but is classified as a Secondary Street in the context of the urban design plan. All of the streets described within the urban design plan are public streets, intended to be built to municipal standards. A private street- effectively an extension of St. George Street- may ultimately be built on the property of the Bowmanville Hospital, 't. : ~ " but this is desired to function as a public street. In addition to their role in moving vehicular traffic, all streets have a key roie in facilitating pedestrian and other types of movement, as well as defining the character of the public realm, The figure on the next page iliustrates the street system in the study area. Primary Street - King Street King Street is the most significant street within the East Main Central Area, due to its traffic and circulation function, as well as establishing a front door or primary address and identity for the district, and having a role in the economic development of the Municipality. King Street will serve a variety of functions including establishing the primary pedestrian corridor within the area as well as accommodating more intensive forms of urban development. King Street should enhance the appearance and urban character of the district. As noted above. there are two areas of distinct urban identity along King Street East. Zone A is characterized by a typical 23 metre streetscape zone with a pavement width of approximately 12 metres, and is located along King Street between Liberty Street and Simpson Avenue. The pavement width in Zone A accommodates two travel lanes with space for limited on-street parking on both sides of the street similar to the historic downtown area of Bowmanville, or centre median islands to manage turning movements. Zone B is the part of King Street East between Simpson Avenue and Mearns Avenue, and is characterized by a typical 23 metre streetscape zone. Here there are four lanes of through traffic with an additional centre turning lane. The most important urban design criterion in the regulation of development in both of these zones is the streetscape and development setback of buildings from King Street. In the case of this one street, we recommend that the setbacks identified here be incorporated into Clarington's zoning by-law. The remainder of the recommendations here are built form guidelines to be implemented on a site by site basis as development and redevelopment applications come forward. These two streetscape zones are illustrated on the street sections below. Streets cape Zone A Commorel~1 Bldg Commordril:sidg row'"~ i 5.5msldewalk . ! j i "'_1.5mBulldll\gS&1bacll~ fo,st,...s,scapedevelopmSI\'i 5.5 sidewalk , ; ! ! ! --i-- 1.5m Stre8Uclpe and "'......Iop'''''''' SIllb""" i ! i 12.0... roadway 2ITn"(I.ne"&2pa'kjnllla~ll5 Existing Righ1 of WilY varies + 20.0m . ~_!~tio~ ~_~_~_t_~~~~~i:I~.~~.~_~.~_~__~_~__ , . " J .. .. / .. '" J .~~....v \ )1 ""- i"'-"-j" ,. :1 =. 'l I.. lIIIIliItJt 1.10 l'li I I- . :- i~il :~i. !:~:. ~!=ll I; .. I ~;, .. .. ../ . I I ;l > ~ 0 " <<, , , 0 } ~ ! E ! $ > :J: v , 1 r ! J Jj ~ . ~ " ! : . ~ g E ~ ~ .~ ~ i , '" , ! . j ~ , ,3 i 0 1 ,; ~ " ~ ~ ~ < I , I 1- , ;; ~ ~ ~ . ~ >' ?I, , I c jj I 0 .~, ~ E . . I I I I ~ ~l j . li . .\( , . ,. ~ .... Streetscape Zone B ""m l'~<l"""pod MoIlIIII'> B- Within Streets cape Zone A, a streetscape setback of 1.5 metres from the edge of the public right of way be adopted for all properties fronting onto King Street. In addition, a mandatory development setback of 0 metres will be adopted (to establish a mandatory "build-to" line). Development will be brought forward to create a consistent street edge with an approximately 5.5 metre sidewalk zone between the building and the pavement edge of the street. This streetscape and development setback regime will make a positive contribution to the creation of a pedestrian-oriented main street environment. Within streetscape Zone S, a streetscape setback of 1.5 metres from the edge of the public right of way be adopted for all properties fronting onto King Street. In addition, a development setback of 4.0 metres will be required from the streetscape setback. A typical sidewalk of 1.5 metres will be provided within this setback. This means that new development will be set further back from the street, allowing a double row of street trees to be planted in the boulevard. This will create a beautiful green entry into Bowmanville from the east and reflects the special character of the residential/commercial precinct on this part of King Street. Secondary Streets Secondary streets have a supporting function to primary streets, both from a transportation and an urban design perspective. While they may carry higher volumes of traffic than residential streets and be constructed to higher engineering standards, secondary streets will also be used for functions such as property access. Secondary streets are important elements in the overall system of circulation and provide important connections between precincts and destinations in the study area. Over time, through the redevelopment process and also through the Municipality's capital improvement program several streetscape improvements will enhance the quality of these streets, including the upgrading of sidewalks, lighting, and street tree planting. . . '" . . < , ..., Secondary streets in the King Street East Corridor include: Liberty Street St. George Street Simpson Avenue Mearns Avenue Local Streets The other streets in the East Main Central Area which have not been listed under the categories above are primarily residential streets with relatively low volumes of traffic. Their role within the street hierarchy is to provide a safe, high quality pedestrian environment with full access provided to adjacent properties. Connected Internal Drives The urban design plan envisions a different organization of parking and access than exists today. Specifically, parking for development along King Street East should be internal to the blocks. Access to this parking should not generally be from King Street, but rather from the side streets to improve circulation, manage access, and improve pedestrian safety on primary streets. Through the redevelopment process the Municipality will encourage the development of a system of connected internal drives which will provide connected access to parking areas and buildings across multiple development parcels. This system will improve traffic operations on King Street, would be convenient for patrons of the commercial land uses, and will maximize the utilization of available parking. The precise configuration of this system of connected internal drives would be determined by the Municipality on a site by site basis through the site plan review process. 2. Design Guidelines The following urban design guidelines are recommended for the King Street East corridor area. They have been specifically developed for this area, and are not intended to apply to other parts of Bowmanville or Clarington. All proponents of development applications in the King Street East corridor should be encouraged to follow and implement these guidelines on their own individual sites. The Municipality will review these guidelines periodically to determine if they are achieving their intended effect and to decide if the guidelines should be strengthened by being adopted as provisions of the zoning by-law. Building Heights . Building heights shall not exceed six storeys. Building fronting onto King Street will be encouraged to be at least two storeys in height. Building Orientation . Building envelopes will be sited to address first the Primary or Secondary Street intersection or corner location, second to occupy the primary street frontage, and third to occupy the secondary street frontage. . Buildings will be oriented toward public streets in order to clearly define the public realm, create a consistent street wall, and to create an attractive retail and commercial environment for pedestrians. Architectural features are encouraged at all comer building locations to enhance the visual prominence and identity of the district. , . , .~ '.\ . . . A 1.5 metre building step back is permitted at the top of the second storey for buildings which exceed two storeys in height. Built Form Requirements . Buildings fronting on a primary street will occupy at least 70 percent of the frontage along the property line. Buildings fronting on a secondary street will occupy a minimum of 50 percent of the frontage along the property line. The ground floor frontages of all commercial buildings should be composed at minimum of 50 percent windows. . All buildings fronting onto a primary or secondary street must have an entrance fronting the primary or secondary street. Corner building entrances are encouraged. . Building entrances should be easily identifiable and appropriately signed. . Entrances must be accessible to the disabled, as per the requirements of the Ontario Building Code and the Ontarians with Disabilities Act. . The provision of weather protection in the form of canopies or awnings at building entrances is encouraged. Cornice articulation is encouraged at the top of the second storey for all buildings, as well as at the top storey for buildings greater than two storeys in height to establish a consistent treatment of the built form edge. . The provision of street furniture within the 1.5 metre streetscape setback is encouraged in order to enhance the quality and use amenity of the public realm. Privately provided iandscaping, including planters and benches, are encouraged at building entrance locations. All commercial and residential buildings shall have windows fronting onto the public street system. Site Landscaping The Municipality will develop a detaiied streetscape improvement plan for King Street East and as a part of the redevelopment process, the Municipality may require segments or areas of the King Street Streetscape to be provided as a part of the development agreement. . Primary frontage landscape zones will be landscaped to a depth of at least 5 metres beyond the streetscape setback and will provide pedestrian access and connections between the public street and parking areas. . The provision of pedestrian scaled lighting is encouraged at interfaces between new development and the public realm, for instance, between buildings and parking areas, as well as with the public street system. Parking areas should be screened with a landscape buffer. Landscape screens are defined as hedges or brick walls with a minimum height of 0.6 metres and a maximum height of 1.0 metres. At the interface between residential and non-residential properties, the non-residential property must provide a landscaped buffer consisting of trees or other landscape materials with a height of least 4 metres. Parking and Access Parking will be provided according to the rates specified in the Municipality's Zoning By-law. Reductions in these parking requirements will be considered where appropriate. . Subject to the building massing and setback requirements set out herein, parking areas will be located internally to the block. Parking spaces are not permitted in the front yard of a building fronting onto a primary street or within the primary frontage landscape zone. . " .. ( .., , . . The provision of trees and other landscaped areas are encouraged to visually break up large areas of parking. Parking facilities for bicycles should be provided in non-residential developments. Direct vehicular access onto primary streets will be discouraged. Private lanes and internal driveways will be important components in the overall circulation system. The design and configuration of these lanes and driveways will be determined by the Municipality at the time of site plan review. . Sidewalks shall be constructed to municipal standards to facilitate pedestrian and bicycle circulation. All sidewalks shall include curb cuts as appropriate. . Parking structures shall be designed to appear as public buildings, with an attractive frontage along all public streets. Active uses at grade are encouraged. . Access will occur as indicated on the urban design plan. Generally, each block face should have no more than one point of access to the block connecting to the internal drive system. Access control, including right in/right out islands, may be required by the Municipality in order to achieve the objectives of this plan. Loading and Storage Loading, garbage storage and other service areas shall not be visible from primary or secondary streets. Screening in the form of fencing or opaque landscaping shall be provided for these areas in order to reduce their visual impact, to be determined by the Municipality at the stage of site plan review. The figure on the following page summarizes the provisions of the Urban Design Plan and illustrates the locations of the streetscape zones and access areas described in this section of the report. This figure also summarizes the features of the access management plan for the King Street East corridor. . , ..: ....! . , -. ~ , " ~ E - 8 ! , !! , g E ~, ~ I: .~l l . ~: 0 " . . . . . .