HomeMy WebLinkAboutPD-087-00
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File #])) ~() r:::-
Res. #Cffl- 3 CfJ '-0 0
Date:
Monday, September 18, 2000
Report #:
PD-087-00 File #: COPA 99-002; ZBA 99-027; ZBA 99-030; SPA 99-021
Subject:
By-law #
OFFICIAL PLAN AMENDMENT, REZONING AND SITE PLAN
APPLICATIONS - APPLICANT: 1319164 ONTARIO LIMITED
PART LOTS 26 & 27, CONC, 1, FORMER VILLAGE OF NEWCASTLE
FILE NO.: COPA 99-002; ZBA 99-027; ZBA 99-030; SPA 99-021
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-087-00 be received;
2. THAT Amendment No. 20 to the Clarington Official Plan as submitted on behalf of
1319164 Ontario limited to permit retail commercial uses and contained in Attachment 3
be APPROVED;
3. THAT the necessary by-law to adopt Amendment No. 20 be passed and that Amendment
No. 20 to the Clarington Official Plan be forwarded to the Regional Municipality of
Durham for approval;
4. THAT the rezoning applications ZBA 99-027 and ZBA 99-030 to amend Zoning By-law
84-63, as submitted on behalf of 1319164 Ontario Limited, to permit retail commercial
uses and a retirement/nursing home be APPROVED as contained in Attachment 4 and
that the appropriate by-law be passed;
5. THAT a By-law to remove the (H) Holding symbol be forwarded to Council at such time
as the applicant has entered into a site plan agreement to the satisfaction of the
Municipality of Clarington; and
6. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
1. APPLICATION DETAILS
1.1
1.2
Applicant:
Agent:
1319164 Ontario Limited
PMG Planning Consultants
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1.3 Official Plan Amendment Application:
Parts 1 and 3 (COP A 99-002)
To redesignate the subject areas from "Urban Residential" to "Main
Central Area" to permit the development of retail commercial uses and
adjust the "Secondary Planning Area" boundary accordingly.
1.4 Newcastle Village Secondary Plan Amendment Application:
Parts 1 and 3 (COPA 99-002)
To extend the "Strip Commercial Area" designation onto the subject lands
to permit the development of retail commercial uses and adjust the
"Secondary Planning Area" boundary accordingly.
1.5 Rezoning Applications:
Part 1 (ZBA 99-027)
To rezone the subject lands from "General Commercial (Cl) Zone" and
"Special Purpose Commercial Exception (C4-2) Zone" to permit the
development of a two storey retail commercial plaza containing 2,112 m2
(22,733 ft2) of floorspace.
Part 2 (ZBA 99-027)
To rezone the subject lands from "Special Purpose Commercial Exception
(C4-2) Zone" and "Holding - Urban Residential Exception ((H)RI-43)
Zone" to permit the development of a two storey retirement/nursing home
with 88 units/175 beds.
Part 3 (ZBA 99-030)
To rezone the subject lands from "Holding - Urban Residential Type One
((H)Rl) Zone" and "Holding - Urban Residential Exception ((H)RI-43)
Zone" to permit the development of a gas station and 329 m2 (3,542 If) of
retail commercial uses.
1.6
Site Areas: Part 1 -
0.67 hectares (1.66 acres)
0.84 hectares (2.08 acres)
0.32 hectares (0.79 acres)
Part 2 -
Part 3 -
2. LOCATION
2.1 The subject lands are located at 337 and 361 King Street East in Newcastle Village (See
Attachment 1). Parts I and 2 are located on the east side of future Brookhouse Drive
while Part 3 is located on the west side of future Brookhouse Drive. The land holdings
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subject to these applications total 1.83 hectares (4.53 acres). The property in legal terms
is known as Part Lots 26 and 27, Concession 1, in the former Village of New castle.
3. BACKGROUND
3.1 On April 28, 1999, a site plan application (SPA 99-021) was submitted on behalf of
1319164 Ontario Limited to the Municipality of Clarington. The applicant proposed a
1,116m2 (12,013 ft2) retail commercial plaza on the property on a portion of the Part 1
site that is zoned "General Commercial Zone". A review of the proposal indicated that
the proposal did not comply with the zone provisions in a number of areas. These issues
are discussed with the agent.
3.2 Subsequent to further meetings, the applicant increased both the area and scale of the
proposal to 2,112m2 (22,733 tr-) retail commercial plaza on the Part 1 lands, with
1,366m2 (14,660 ft2) on the ground floor and 750m2 (8,073 ft2) on the second storey. The
proposal was also expanded to include a 264 m2 (2,842 ft2) retail pad for a restaurant and
a 65m2 (700 ft2)retail area in association with a gas station on the Part 3 lands. As the
size and scale of the application changed from the original submission, the applicant was
informed that an official plan amendment was required.
3.3 On August 31, 1999, an official plan amendment application (COPA 99-002) was
submitted on behalf of 1319164 Ontario Limited to the Municipality of Clarington.
Within the Clarington Official Plan, this application would redesignate the subject lands
from Urban Residential to Main Central Area.
3.4 Rezoning applications to permit the retail development and nursing/retirement home on
Parts 1 and 2 (ZBA 99-027) as well as the retail uses and gas station on Part 3 (ZBA 99-
030) have also been submitted on behalf of the applicant.
3.5 The original site plan application (SPA 99-021) has been revised to include the proposal
on Parts 1 and 2. No formal site plan application has been submitted for the Part 3 lands.
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3.6 A Public Meeting was held on November I, 2000 to solicit comments from neighbouring
property owners:
. The Newcastle B.LA. submitted a letter of concern about the proposal. They support
the requirement of a retail market impact study and request that future development
be phased in accordance with population growth in Newcastle Village.
. A letter of objection has been received from the owner of a plaza across the street at
282 King Street East stating that sufficient commercial development already exists in
Newcastle Village to serve area residents. Approval of this proposal would also
create hardship on existing tenants within the plaza.
. Additional traffic from the development will compromise the ability of residents
fronting on King Street to access their driveways,
. There will be increased noise from traffic and rooftop equipment.
. Garbage, both in terms of loose material and odours from food waste, will cause
problems.
. Lighting from the development will interfere with adjacent homes.
. Gasoline spills or leaks could cause contamination and safety concerns.
. Gas stations are located too close to each other.
. The proposed development will decrease property values of adj acent homes.
. Insurance rates for homeowners will increase due to the proximity of a gas station.
. The remaining properties on the south side of King Street between the Newcastle
Village Fire Station and the development proposal should be rezoned for commercial
uses.
These issues will be addressed in Section 8.5 ofthis report.
3.7 Staff met with the Newcastle Chamber of Commerce to provide information to its
members. The concept plan and building renderings were presented at the meeting. A
discussion of the commercial policies in the Claringtou Official Plan provided
information on the approval requirements. Chamber members wanted to ensure that
additional development will not compromise existing businesses. Staff indicated that a
retail market study would be prepared to examine the question of impact.
4. SITE CHARACTERISTICS AND SURROUNDING USES.
4.1 Part 1 of the subject area contains a new home sales office. Parts 2 and 3 are currently
vacant, generally flat and slope southwards. Some earth has been stockpiled on Part 3
from previous activity.
4.2
Surrounding Uses: East
North
Urban residential
Urban residential and commercial
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West
South
Urban residential
Vacant lands (future urban residential)
5. OFFICIAL PLAN POLICIES
5.1 Although the Durham Regional Official Plan designates a Main Central Area, the precise
limits are defined within local official plans. As a result, the subject lands are designated
"Living Area", which only permits the nursing/retirement home. Subject to inclusion of
the subject lands in the Main Central Area, the proposal appears to be permitted by the
policies of the Durham Regional Official Plan.
5.2 The subject lands contain the following land use designations in the Clarington Official
Plan.
Part I: These lands are designated ''Urban Residential", which precludes retail
commercial development. An application has been submitted to extend the Main Central
Area to permit the proposed retail commercial development.
Part 2: These lands are designated "Medium Density Residential", which permits
development of a nursing/retirement home.
Part 3: This area is designated "Urban Residential". Although a gas station is permitted
within this designation, the retail store of this magnitude associated with the gas station
and the free-standing retail commercial pad are not permitted. An application has been
submitted to extend the Main Central Area to permit these uses.
As the subject lands are currently not contained within the Newcastle Village Main
Central Area Secondary Plan, the application proposes to expand the Secondary Plan
boundary and designate the Part 1 and 3 lands "Strip Commercial Area" to permit retail
commercial uses,
The Newcastle Village Main Central Area provides for 15,000 m2 of retail and personal
service floorspace. At present, there is approximately 10,525 m2 of existing and
approved commercial floorspace. As the overall limits on floorspace can only be
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adjusted on the basis of an official plan review, the proposal requires the reallocation of
the existing potential from the current limits of the Main Central Area to the proponent's
lands.
6. ZONING BY-LAW CONFORMITY
Part 1: These lands are currently zoned "General Commercial (Cl) Zone" and "Special
Purpose Commercial Exception (C4-2) Zone". While the "Cl" zone permits the
proposed use, the "C4-2" zone only permits a lumber yard. A rezoning application has
been submitted to permit the proposed uses on the remainder of the lands.
Part 2: This area is zoned "Special Purpose Commercial Exception (C4-2) Zone" and
"Holding - Urban Residential Exception ((H)RI-43) Zone". As the zoning does not
permit a nursing/retirement home, a rezoning application was submitted for
consideration.
Part 3: These lands are zoned "Holding - Urban Residential Type One ((H)Rl) Zone"
and "Holding - Urban Residential Exception ((H)RI-43) Zone". As the zoning does not
permit retail commercial development or a gas station, a rezoning application was
submitted for consideration.
7. AGENCY COMMENTS
7.1 The Clarington Fire Department has no objections to the proposal.
7.2 The Clarington Public Works Department has no objections provided that the following
requirements are fulfilled.
. All utilities must be installed underground.
. The development cannot proceed until Brookhouse Drive and Edward Street are
constructed within the adjacent plan of subdivision. The applicant also owns these
lands.
. The applicant must prepare a traffic study demonstrating that the number and location
of access points proposed on King Street does not negatively impact traffic flows at
the Brookhouse Drive and King Street intersection. The study must also ensure that
the proposed drive-through lane is adequately sized so that the queue does not spill
onto the adjacent roadway. As a condition of site plan approval, the work will be
prepared by the Municipality's traffic consultant at the applicant's expense.
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. A master grading and drainage plan must be prepared detailing the on-site storm
water system and overland flow. The plan must demonstrate that the proposed
grading is compatible with surrounding lands.
. The applicant is responsible for the construction of all required roadways and
entrances to the development at municipal standards.
. An appropriate cash-in-lieu of parkland dedication is required.
7.3 The Durham Region Public Works Department has no objections to the proposal. Water
supply and sanitary sewers are available along King Street or will become available once
Brookhouse Drive is constructed. Other issues must be resolved as follows:
. King Street access issues must be dealt with through site plan approval.
. A road widening is required along King Street to provide a minimum of 15.0 metres
from the centreline ofthe original right-of-way.
. A traffic impact study should be prepared for the King Street/Brookhouse Drive
intersection to determine the intersection improvements that are necessary. The
requirement should be coordinated with the municipal study requirements.
7.4 The Ganaraska Region Conservation Authority has no objections to the proposal
provided that lot grading and drainage are addressed through a detailed storm water
management plan through site plan approval.
7.5 Veridian Corporation has no objections provided that the applicant enter into the
necessary agreements with the utility and pay for all required improvements and fees.
7.6 Comments have never been received from the Durham Region Police Force, Canada Post
Corporation or Bell Canada.
8. STAFF COMMENTS
8.1 Retail Market Impact Study
A retail impact study was required to assess the impact of the expansion of the Main
Central Area. The study, which was prepared for the Municipality at the applicant's
expense, examined the following issues:
. Market opportunity for the proposed commercial development.
. Impact of the proposal on existing and proposed retail development.
. Determine whether the proposal would delay the introduction of development on
lands currently designated for retail uses.
. Appropriateness of the proposed location.
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Malone Given Parsons Limited was retained to prepare the retail market impact analysis
which provided the following results.
Market Opportunity
The study examined expenditure potential for the proposal. The trade area included
Newcastle Village and the surrounding area. The current population of 7,200 is expected
to increase to 11,600 by 2006 and ahnost double to 14,000 by 2011.
Market support was examined within four retail categories: specialty/convenience food;
non-department store merchandise; restaurants; and personal services. Based on
population growth, the report estimated that the trade area could support between 21,800
ft2 and 32,400 ft2 of additional retail commercial floorspace by 2002, which coincides
with the development's first full year of operation. The space includes:
. 3,100 to 3,500 ft2 of specialty/convenience food;
. 10,700 to 12,500 ft2non-depar1ment store merchandise;
. 4,000 to 12,100 ft2 of restaurant space; and
. 4,000 to 4,300 ft2 of personal services.
Total retail market potential increases in 2006 to between 36,700 and 53,600 ft2 and in
2011 to between 55,200 to 79,900 ft2.
The consultant has recommended that a supermarket or depar1ment store not be
developed within the proposal. A large supermarket already services Newcastle and a
depar1ment store is not supportable by the trade area. The consultant recommended that a
supermarket be prohibited in the zoning of the site. This use exclusion will be included
in the zoning by-law.
Market Impact
The study indicated that sufficient market exists for this development consisting of 2,441
m2 (26,275 ft2) to enter the market place by 2001. Within its first full year of operation in
2002, a further 5,800 to 20,900 ft2 of additional opportunity is available to other
commercial development and redevelopment sites, including the Massey factory building
renovation proposed by 564069 Ontario Inc.
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The proposed development will primarily serve the convenience needs of existing and
future residents in the east end of Newcastle Village. It will not create an imbalance with
existing businesses in the Main Central Area for the following reasons:
. Aside from the new IGA, there has been no retail growth in Newcastle Village during
the past decade. The proposed development will benefit Newcastle Village by adding
additional facilities required to create a critical mass of retail and personal services in
this underserviced area. Local residential and merchants surveyed would welcome
more variety and selection in Newcastle Village.
. Additional residential development proposed in the southern and western areas of
Newcastle Village will increase the demand for retail commercial floorspace.
Appropriateness of Location
The report indicated that the extension of the Newcastle Village Main Central Area to the
subject site is appropriate for the following reasons.
. The proposed location provides a defmitive entry point to the Main Central Area.
Considering that commercial uses have developed across the street, it creates a
commercial presence on the south side of King Street at Brookhouse Drive.
. Considering the site's current commercial zoning and past use as a lumberyard,
commercial uses would be appropriate.
8.2 Planning Study
The Clarington Official Plan requires planning justification for any commercial
expansion to an existing Main Central Area. Staff outlined a number of issues that had to
be addressed. The applicant's planning consultant has prepared the following response.
Suitability of Existing Alternative Commercial Locations
The study identified a number of sites that could be considered as alternative locations for
retail commercial development.
. A vacant 1.07 acre parcel adjacent to the CIBC was considered to have insufficient
frontage for commercial purposes. Additional assembly would be required prior to
development.
. Two parcels at 11 Baldwin Street and 36 Church Street were considered too small for
commercial development.
. There are a number of properties with redevelopment potential once the existing
dwellings are removed. Development potential would depend on the mix of uses
proposed.
. The Massey factory building has potential for more limited retail development than is
being proposed.
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. Commercial redevelopment of the lands on the north side of King Street between
Beaver Street and Memorial Park requires significant land assembly. Development
restrictions from heritage buildings also limited redevelopment potential.
The consultant felt that no alternative sites were currently available that would permit
immediate development potential ofthe scale being proposed.
Functional Implications on the Main Central Area
Some fear that the "retail energy" may shift from the existing downtown area to this new
development. The subject lands are located across the street from the existing Main
Central Area designation, where a strip plaza currently exists. If commercial uses are
appropriate on the north side, then commercial uses should be appropriate on the south
side.
The consultant feels that, by better serving the residents, the "retail energy" will be
enhanced throughout the area. A larger critical retail mass will offer more shopping
opportunities and help to retain retail expenditures within Newcastle Village.
If the development is constructed, these parcels would represent approximately 26.6% of
existing floorspace. This figure would decrease to 16.3% if additional potential at other
locations is realized. The majority of retail activity would still be located towards the
traditional core area at King and Mill Streets.
Reinforcement of Retail Commercial Policies
The proposal reinforces the commercial policies contained in the Clarington Official Plan
in the following manner.
. Central Areas represent the focus of economic, social and cultural activity. It
strengthens the functional and symbolic role of the Newcastle Village Main Central
Area.
. It provides specialized retail commercial needs of existing and future residents,
reducing the need to obtain these goods and services elsewhere.
. The proposal assists the Municipality in reaching its retail floorspace targets for
Newcastle Village.
. The Plan promotes neo-traditional development where possible. This development
will provide retail commercial facilities within walking distance of significant
residential areas.
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8.3 Main Central Area Retail Floorspace Allocation
The Clarington Official Plan designates 15,000 m2 (161,500 rt-) of retail commercial
floorspace within the Newcastle Village Main Central Area. Existing commercial
floorspace, approved but unbuilt floorspace (Massey factory proposal), and commercial
floorspace proposed in this application totals 12,975 m2 (139,700 ft2). Therefore, a total
of 2,025 m2 (21,800 ft2) is available for other commercial properties within the Main
Central Area.
Although designating the subject property does reallocate some floorspace potential, it is
supported for the following reasons:
. Although some commercially zoned properties have been marketed for development
purposes, they have not developed to date. Since many of the development or
redevelopment opportunities in Newcastle Village require medium or long term land
assembly, the supply of land available for development at the proposed scale is
limited in the short term. This limits the amount of retail choice available to the
consumer in Newcastle.
. A total of 2,025 m2 (21,800 ft2) potential remains available for new commercial
development on commercially zoned properties within the Main Central Area.
. All numerical figures in the Official Plan are meant to be approximate. If there are
valid planning grounds, a deviation of 10% may be permitted. This would permit up
to 1,500 m2 of additional development.
. The five year review of the Clarington Official Plan will include a review of
floorspace allocations, such review to occur prior to any anticipated redevelopment
opportunity.
In summary, it is staffs opinion that the inclusion of these lands will not negate the
potential for redevelopment of the lands currently within the Main Central Area.
8.4 Road Reali~ent
The Clarington Public Works Department had requested that the main entrance from
Brookhouse Drive be relocated so that it aligns with Street "E" to the west. This has been
done on the revised plan and appears to be to the satisfaction of the Public Works
Department.
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8.5 Public Concerns
Adjacent residents and merchant groups in Newcastle Village have raised a number of
concerns. These concerns are addressed in the following manner.
. The Clarington Public Works Department has not required a major traffic report to
examine the traffic implications for the change in use. Traffic in the area will
naturally continue to increase as the subdivision to the south develops. Since the
increase in traffic levels generated by the proposal are not anticipated to be major,
King Street and Brookhouse Drive can adequately accommodate additional traffic
levels generated by the commercial development. The traffic study will examine
residents' concerns such as entrance location and spacing as well as drive-through
length and location.
. A noise study will examine noise from motor vehicle circulation, loading area and
rooftop equipment sources. Required mitigation measures, which would include
noise fencing and rooftop mechanical screening, will be implemented through site
plan approval.
. Garbage must be located within enclosures to avoid unsightly clutter. The tidiness of
the development will be the responsibility of the business owner.
. A lighting study will be required to minimize light interference with adjacent homes.
. The safety standards and containment mechanisms in place for new gas station
installations are quite rigorous. The chances of a major leak are limited.
. Gas stations are required to serve the increasing population in Newcastle Village,
Staff do not feel that these facilities would be too close together.
. Staff cannot provide an opinion on whether the proposed development will decrease
property values of adjacent homes, nor that impact the proximity of a gas station
would have on insurance rates.
. The retail market impact study demonstrated that sufficient market exists for the entry
of the proposed development in its entirety. The consultant has determined that no
undue impacts would occur to existing businesses in Newcastle Village. No phasing
of development is required for the project. A copy of the study was sent to the
Newcastle BIA and the Newcastle Chamber of Commerce on August 9, 2000 for
review. No comments have been received to date.
. Both the retail and planning studies have concluded that the proposal will not detract
from the existing core retail area. It will provide residents with additional choices,
provide an eastern gateway into Newcastle Village and increase the critical retail
mass within the area.
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. The proposal should not have any undue impacts on the development across the street
at 282 King Street East. It may even assist to bring new shoppers into the area.
. Although the study has identified that sufficient market support for the proposal, staff
cannot guarantee that some tenants will not leave existing locations for the new
development. Additional floorspace will ensure a healthy level of competition in the
retail marketplace.
8.6 Revision to Draft Plan Approval
A revision to draft plan approval for subdivision l8T-8806l to the south was approved on
December 22, 1999. The amendment among other things, replaces four semi-detached
lots at the northeast corner of Brookhouse Drive and Bloom Avenue with Block 249.
The site plan incorporates this block into the nursing/retirement home containing 88
rooms and 175 beds (see Attachment 2).
9. CONCLUSIONS
9.1 Staff recommend the approval of the proposed applications for a number of reasons. The
retail market impact study has indicated that the proposed commercial floorspace can be
introduced without any negative impacts. There is sufficient retail market available for
redevelopment of the Massey factory as well as other sites to occur. If a retail
development of this scale is to be constructed in the short term, other alternative locations
in Newcastle Village offer too many constraints. Other locations will develop over time
but only through land assembly.
The retirement/nursing home would be permitted within the medium density symbol
contained at that location. It substitutes for Medium Density residential development in
terms of scale, massing and general type of use. With changing demographics in the
area, the demand for such a facility increases.
Issues such as traffic circulation and access, storm water management, noise, lighting,
building design and location and landscaping will be addressed through site plan
approval.
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9.2 Based on the comments contained in this report, it is respectfully recommended that
Council APPROVE Amendment No. 20 to the Clarington Official Plan as contained in
Attachment 3 and APPROVE the by-law contained in Attachment 4 to permit the
development of 2,441 m2 (26,275 rr) of retail commercial floorspace and a
retirement/nursing home with 88 units/175 beds.
9.3
The applicant will be required to enter into a site plan agreement. Conditions of approval
include completion of all required studies and reports and finalization of required
drawings, Prior to issuance of a building permit, staff will forward a report to Council for
approval ofthe Holding (H) Symbol.
..
Reviewed by,
D i J. rome, M.C.LP.. RP.P.
Director of Planning & Development
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Franklin Wu, M.C.LP., RP.P.,
Chief Administrative Officer
RH*DJC*cc
September 8, 2000
Attachment 1 -
Attachment 2
Attachment 3
Attachment 4
Key Map
Site Plan
Proposed Amendment to the Clarington Official Plan
Zoning By-law Amendment
Interested parties to be notified of Council and Committee's decision:
Mr. Ian Roher
1319164 Ontario Limited
1050 Finch Avenue West
Suite 20 I
Downsview, Ontario
M3J 2E2
Mr. Ron Hope
Newcastle BIA
24 King Street East
Newcastle, Ontario
LIB IH6
Mr. Julius DeRuyter
PMG Planning Consultants
227 Bridgeland Avenue
Toronto, Ontario
M6A 1 Y7
Mr. Hans Verkruisen
Newcastle Chamber of Commerce
3988 Highway 2 East
R R #8
Newcastle, Ontario
LIB lL9
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REPORT PD-087-o0
PAGE 15
Mr. Marty Levinson
M.S.M. Construction Limited
180 Steeles Avenue West
Suite 210
Thornhill, Ontario
L4J 2L1
Mr. Murray Paterson
266 Church Street
Newcastle, Ontario
LIB lC5
Mr. Mike Peel
315 King Street East
Newcastle, Ontario
LIB IH4
Mr. Joel Hirsch
Mandel, Hirsch
Barristers & Solicitors
180 Stee1es Avenue West
Suite 218
Thornhill, Ontario
L4J2L1
Mr. Ron Verbeek
327 King Street East
Newcastle, Ontario
LIB IH4
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ATTACHMENT '1
LOT 27
LOT 26
PART
COPA 99- 02
ZBA 99- 30
PART 1
COPA 99-002
ZBA 99-027
SPA 99-021
HIGHWAY
401
COPA 99-002
ZBA 99-027
ZBA 99-030
SPA 99-021
NEWCASTLE VILLAGE
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AMENDMENT NO. 20
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of the Amendment is to extend the Newcastle Village
Main Central Area to include additional lands in order to permit 2,441
m2 of retail commercial uses on a 0.99 hectare land area.
BASIS:
The amendment is based on an application submitted by 1319164
Ontario Limited (COPA 99-002) for retail commercial uses on the
subject lands. A Retail Market Impact Study by Malone Given
Parsons Limited and a Planning Report by John Winter Associates
Limited were prepared in support of the proposal.
ACTUAL
AMENDMENT:
The Clarington Official Plan is hereby amended as follows:
By amending Map A4 - Land Use: Newcastle Village Urban Area as
shown on Exhibit "1".
By amending Map A - Land Use: Newcastle Village Main Central
Area Secondary Plan as shown on Exhibit "2".
IMPLEMENTATION: The proVISIOns set forth in the Clarington Official Plan and the
Newcastle Village Main Central Area Secondary Plan, as amended,
regarding the implementation of the Plan, shall apply in regard to this
Amendment.
INTERPRETATION: The prOVISIOns set forth in the Clarington Official Plan and the
Newcastle Village Main Central Area Secondary Plan, as amended,
regarding the interpretation of the Plan, shall apply in regard to this
Amendment.
677
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EXHIBIT "1 "
AMENDMENT No. 20 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP A4, LAND USE, NEWCASTLE VILLAGE URBAN AREA
CONCESSION ROAD 3
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REDESIGNATE FROM "URBAN
RESIDENTIAL" TO "MAIN
CENTRAL AREA"
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· EXHIBIT "2"
AMENDMENT No. 20 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP A, LAND USE, NEWCASTLE VILLAGE MAIN CENTRAL AREA SECONDARY PLAN
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ATTACHMENT '3
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000-_
being a By-law to adopt Amendment No. 20 to the Clarington
Official Plan.
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorizes the
Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and
Amendments thereto;
A)ID WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to amend the following:
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
ofClarington enacts as follows:
1. That Amendment No. 20 to the Clarington Official Plan being the attached Explanatory
Text and Map is hereby adopted;
2. That the Clerk of the Municipality of Clarington is hereby authorized and directed to make
application to the Regional Municipality of Durham for approval of the aforementioned
Amendment No. 20 to the Clarington Official Plan; and
3. This By-law shall come into effect on the date of the passing hereof.
,
BY-LAW read a first time this
day of
2000.
BY-LAW read a second time this
day of
2000.
BY-LAW read a third time and finally passed this
day of
2000.
MAYOR
CLERK
680
j
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY.LA W NUMBER 2000-
-
ATTACHMENT '4
..
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-
law for the Corporation of the former Town of Newcastle.
WHEREAS the Council of the Corporation ofthe Municipality ofClarington deems it advisable to amend
By-law 84-63, as amended, of the Corporation of the fonner Town of Newcastle in accordance with the
applications ZBA 99-027 and ZBA 99-030 to permit the development of 2,441 m' of retail commercial
floorspace and a retirement/nursing home with 88 units/I 75 beds.
NOW THEREFORE BE IT RESOLVED TIiAT the Conncil of the Corporation of the Municipality of
Clarington enacts as follows:
L Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (CI) ZONE" is hereby
amended by introducing a new Subsection 16.5.26 as follows:
"16.5.26 GENERAL COMMERCIAL EXCEPTION (CI-26) ZONE
Notwithstanding Sections 2,3.12,3.15,16.1 and 16.3, those lands zoned (CI-26) shall be subject
to the following provisions:
a) Definitions
i) Landscaping Strip
Shall mean an area of land used for anyone or more of the planting of trees.
shrubs, flowers, grass or other horticultural elements, such as decorative
stonework, fencing or screening.
b) Permitted Uses
i) Any non-residential use save and except a supermarket.
ii) Convenience store
c) Regulations
i) Interior Side Yard (minimum) 8.0 metres to the first storey and 10.0 metres
to the second storey
ii) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that
such space is perpendicular to a landscaping strip.
iii) Number of Loading Spaces 3"
Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (CI) ZONE" is hereby
amended by introducing anew Subsection 16.5.27 as follows:
"16.5.27 GENERAL COMMERCIAL EXCEPTION (CI-27) ZONE
Notwithstanding Sections 2,3.12,3.15,16.1 and 16.3, those lands zoned (CI-27) shall be subject
to the following provisions:
a) Definitions
i) Landscaping Strip
Shall mean an area of land used for anyone or more of the planting of trees,
shrubs, flowers, grass or other horticultural elements, such as decorative
stonework, fencing or screening.
b) Permitted Uses
i) Any non-residential use save and except a supennarket.
ii) Convenience store
iii) Motor Vehicle Fuel Bar
c) Regulations
i) Exterior Side Yard (minimum) 3.0 metres to a building or canopy
ii) Parking Space Size 5.2 metres in length by 2.75 metres in width provided that
such space is perpendicular to a landscaping strip.
iii) Number of Loading Spaces I"
681
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Section 15.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE FOUR (R4) ZONE"
is hereby amended byintrodncing a new Subsection 15.4.21 as follows:
"15.4.21 URBAN RESIDENTIAL EXCEPTION (R4-21) ZONE
Notwithstanding Sections 2, 3.15 and 15.2, those lands zoned (R4-21) shall be subject to the
following provisions:
a) Definitions
i) Landscaping Strip
Shall mean an area of land used for anyone or more of the planting of trees,
shrubs, flowers, grass or other horticultural elements, such as decorative
stonework, fencing or screening.
ii) Dwelling
Shall mean one (1) or more habitable rooms, designed or intended for use by one
or more persons, in which sanitary facilities are provided for the exclusive or
shared use of the persons, in which a heating system is provided, and which has a
private entrance from a common hallway or stairway inside the building. For the
purpose of this definition, dwelling shall also mean dwelling unit.
b) Permitted Uses
i) Apartment building
ii) Nursing home
c) Regulations
i) Density (maximum) 105 units per ha
ii) Dwelling Units (maximum) 88
iii) Interior Side Yard (minimum) 8.7 metres
iv) Parking Space Size 5.2 metres in length by 2,75 metres in width provided that
such space is perpendicular to a landscaping strip."
2. Schedule t'5" to By-law 84-63 as amended, is hereby further amended by changing the zone
designation from:
"General Commercial (CI) Zone" and "Special Purpose Commercial Exception (C4-2) Zone" to
"Holding - General Commercial Exception ((H)CI-26) Zone"
"Holding - Urban Residential T)1le One ((H)RI) Zone" and "Holding - Urban Residential
Exception ((H)RI-43) Zone" to "Holding - General Commercial Exception ((H)CI-27) Zone".
"Special Purpose Commercial Exception (C4-2) Zone" and "Holding - Urban Residential
Exception ((H)RI-43) Zone" to "Holding - Urban Residential Exception ((H)R4-21) Zone"
as shown on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of
Section 34 of the Planning Act.
BY-LAW read a first time this
day of
2000.
BY-LAW read a second time this day of
BY-LAW read a third time and finally passed this
2000.
day of
2000.
MAYOR
CLERK
682
.
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This Is 90hedule "A" to By-law 2000-
paaled this ~day of _", ,..,2000 AIC.
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LOT 27 LOT 26
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