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HomeMy WebLinkAbout2003-007 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003-007 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 of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2000-022; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 17.5 "SPECIAL EXCEPTION-NEIGHBOURHOOD COMMERCIAL (C2- 7) ZONE" is hereby amended by adding thereto, the following new Special Exception 17.5.7 as follows: "17.5.7 NEIGHBOURHOOD COMMERCIAL EXCEPTION (C2-7) ZONE Notwithstanding Sections 3.15 (e)(i), 17.1 (b) and 17.3 (c)(iv) on those lands zoned "C2-7" on the Schedules to this By-law may, in addition to the other uses permitted in the Neighbourhood Commercial (C2) Zone" be used for an Eating Establishment and shall be subject to the following zone regulations: a) No entrance shall be permitted within 5.0 metres of the boundary of the side yard lot line boundary of a residential zone b) Setback from southerly street line 2 metres (minimum) 5 metres (maximum) c) Rear Yard Setback (minimum) 3.5 metres d) Any drive-through facility shall be located a minimum of 17 m from any public street." 2. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Special Purpose Commercial Exception (C5-1) Zone" to "Neighbourhood Commercial Exception (C2-7) Zone", as illustrated 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 enacted by the Ontario Municipal Board this 15th day of January, 2003. . This is Schedule "A" to By-law 2003- , passed this day of , 2003 A.D. ~ - a:: c c cd li: f5 j...:: E ~ ~ () ~ co ~ ~ o . co ~ Z ,-------, I \ I \ I \ f----------1 I \ I \ n.'O~~ \ ~.... I I I I I I \ \ \ \ \ I \ I / \ / \ / Y \ I \ \ \ I I 1\1,>", \ "~ \ ;s"o"l1-\ --- -- -- H/GHWA y 2 ~ ZONING CHANGE FROM ~ 'C5-1" TO "C2-7' _ ZONING TO REMAIN "EP" John Mutton, Mayor PoUl L. _. Munlclpol CIeri< ~ ] ORNE OALEPARK I CHERRY oj :=! ~ SUBJECT SITE [ [: ~nr Courtice .. ! Draft #3: January 15, 2003 OMB File No. PL020838 ONTARIO MUNICIPAL BOARD TDL Group Ltd. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, RS.O. 1990, c.P.13, as amended, from Council'srefusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone a property known as 1502 King Street East from Special Purpose Commercial Exception (CS-1) to Neighbourhood Commercial Exception (C2-7) to permit the development of a restaurant (Tim Hortons) OMB File No. Z020119. . TDL Group Ltd. has referred to the Ontario Municipal Board under subsection 41(12) of the Planning Act, RS.O. 1990, c.P.13, as amended, determination and settlement of details of a site plan for lands identified as 1502 King Street East, in the Municipality of Clarington OMB File No. M020084. MINUTES OF SETTLEMENT WHEREAS TDL Group Ltd. ("TDL") has appealed to the Ontario Municipal Board ("OMB") under subsection 34(11) of the Planning Act, RS.O. 1990, c.P.13, as amended, from The Corporation of the Municipality of Clarington's ("Clarington") refusal to or neglect to enact a proposed amendment to Zoning By-law 84-63 to rezone the lands known as 1502 King Street, Courtice ("Property") from Special Purpose Commercial Exception (C5-1) to Neighbourhood Commercial Exception (C2-7) to permit the development of a restaurant ("Appeal"), and has referred to the Board the determination and settlement of details of the site plan and drawings for the development of the Property ("Referral"); AND WHEREAS the Board has appointed January 13, 2003 for the commencement of the hearing of the appeal and the referral ("Hearing"); AND WHEREAS the Parties have approved the form and terms of a bylaw ("Agreed By-law") to amend By-law No. 84-63, as amended, as it applies to the Property which is contained in Schedule "A" hereto; AND WHEREAS the Parties have approved site plan, plans and drawings for the development of the Property with the revisions and subject to the conditions set out in Schedule "B" hereto ("Agreed Site Plan, Plans and Drawings"); AND WHEREAS the Parties have approved the provisions of an agreement ("Approved Agreement") which is required to be executed by the owner of the Property with Clarington as a condition of the approval by the Ontario Municipal Board of the Agreed Site Plan, Plans and Drawings pursuant to subsection 41 (7) of the Planning Act; AND WHEREAS TDL is the beneficial owner in fee simple of the Property under an agreement of purchase and sale of it made between TDL and Ming Sun Holdings Inc. TDL intends to complete the purchase of the Property as soon as it is possible to do so under the terms of the agreement of purchase and sale following the issue of an Order by the Ontario Municipal Board to give effect to the terms of these Minutes; , J 2 AND WHEREAS Clarington and TDl wish to resolve their differences in order to avoid contesting them at the Hearing, NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto covenant and agree as follows: Resolution of Appeal and Referral 1.1 The Parties agree that the appropriate resolution by the Board of the Appeal and the Referral would be the enactment by the Board of the Agreed By-law contained in Schedule "A" hereto, the approval of the Agreed Site Plan, Plans and Drawings with the revisions and conditions set out in Schedule "B" hereto and the Approved Agreement. 1.2 The Parties will tender these Minutes and the Schedules thereto to the Board, will present them in positive terms, and will actively cooperate to promote acceptance by the Board of these Minutes, the Agreed By-law and the Agreed Site Plan, Plans and Drawings and the Approved Agreement. 1.3 The Parties will not call any evidence or advance any argument inconsistent with the letter and spirit of these Minutes, the Agreed By-law, the Agreed Site Plan, Plans and Drawings, and the Approved Agreement. 1.4 Clarington and TDl will call such evidence and advance such arguments as are required to, first, support these Minutes, the Agreed By-law and the Agreed Site Plan, Plans and Drawings and the Approved Agreement, and second, oppose any evidence and arguments as may be presented by any other person at the Hearing which are inconsistent with the letter or spirit of these Minutes, the Agreed By-law, the Agreed Site Plan, Plans and Drawings and the Approved Agreement. Traffic SiQnals 2.1 Forthwith after the enactment of the Agreed By-law and the approval of the Agreed Site Plans, Drawings and Conditions, and the Approved Agreement by the Ontario Municipal Board. and the execution of the Agreement by the Parties, TDl will pay to Clarington the sum of Twenty-Five Thousand ($25,000.00) Dollars which Clarington will use only for the purpose of paying the same to the Regional Municipality of Durham to defray part of the cost of traffic signals which are to be installed by the Region at the intersection of Durham Highway 2 East and Centerfield Drive, Courtice. Until it pays this sum to Clarington, TDL will not require the issuance of a permit to construct any building or structure on the Property. Internal References 3.1 The words "herein", "hereto", "hereunder", "heretofore", "herewith", and similar expressions, refer to these Minutes and not to any individual clause, section, part or provision thereof, unless the context or subject matter otherwise so requires. The headings do not form part of these Minutes. . 3 Bindin!l Aareement 4.1 These Minutes when duly executed by the Parties are conclusive evidence of, and are intended by the Parties to prove, a binding agreement between them. Time of the Essence 5.1 In these Minutes and in the performance of obligations of the Parties as set out inthem, time shall in all respects be of the essence. Schedules 6.1 The following schedules are attached hereto and shall form part of this Agreement: Schedule "A" Schedule "B" Agreed By-law Agreed Site Plan, Plans and Drawings IN WITNESS WHEREOF the Parties have executed these Minutes. DATED at Bowmanville this 15th day of January 2003. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON by its solici Per: . Schedule "B" OMS Case No. PL020838 SITE PLAN APPROVAL, REVISIONS AND CONDITIONS TDL GROUP LTD. 1502 KING STREET EAST (NOW 1502 DURHAM HIGHWAY 2 EAST) COURTICE The following Site Plans, Plans and Drawings are approved and subject to the conditions set out below being satisfied: Drawing Title Drawing No. Dated: Last Revision Date Prepared By: Site Plan............................SP .................November 2001........January 14, 2003........ TDL Group Typical Details...................TYP-1 ............September 10, 2002. ...................................JDL Group Typical Details...................TYP-2 ............October 21,2002...... ...................................JDL Group Typical Details...................TYP-3 ............October 2002............ ...................................JDL Group Typical Details...................TYP-4 ............October 2002............ ...................................JDL Group Exterior Elevation..............A5 ..................January 10, 2003...... ...................................JDL Group Grading/Servicing .............GS..................March 2002...............January 14, 2003........ TDL Group Details (Landscape Plan).. LP -1 of 2.....January 14, 2003...... ...................................Jerrascape Designs Details (Landscape Plan).. LP - 2 of 2.....January 14, 2003...... ...................................Jerrascape Designs "rJ.' U ?-.. J "', t1'~ . ""-vWW1 )-" vc If Illumination ........................IL....................M=6\'cR'lger 2001........ ........ ...........'...............JDL Group General Notes and Specifications............July 2002 .................. ...................................JDL Group CONDITIONS OF APPROVAL The following are the conditions of approval of Site Plan, Plans and Drawings: 1. The Owner shall enter into an agreement with the Municipality of Clarington dealing with and ensuring the provisions of all the facilities, works and matters which either are shown on the approved Site Plan, Plans and Drawings or are referred to in these conditions, including the maintenance of them, as provided in Subsection 41 (7)(b) of the Planning Act The agreement shall contain provisions by which performance guarantees to the satisfaction of the Municipality of Clarington will be provided by the Owner. 2. The Owner shall transfer to the Regional Municipality of Durham for a nominal consideration free and clear of encumbrances and restrictions, the site triangle at the corner of Centerfield Road and Durham Highway 2 as shown on the Site Plan (Drawing SP). 3. The Owner shall transfer to the Municipality of Clarington for a nominal consideration free and clear of encumbrances and restrictions, the valleyland areas, revised to eliminate the 90 degree corner, which are identified as "Lands to be Dedicated to the Municipality" on the Site Plan (Drawing SP). 4. The Owner shall prepare and register on title the necessary reference plan of survey at its cost showing the lands to be transferred to the Municipality of Clarington and to the , 2 Regional Municipality of Durham, respectively. 5. A professional engineer shall stamp, sign and date the Grading/Servicing Drawing (GS) and a professional landscape architect shall stamp, sign and date the Landscape Plan and Details Drawings. 6. The Owner shall obtain an access permit from the Municipality of Clarington for properly access from Centerfield Drive for the development of the site in accordance with the Site Plan. 7. The Owner is responsible for all costs necessary to facilitate the construction of an access from the site to Centerfield Drive including without limitation, the cost of providing a connecting access which shall include any pavement removal, curb restoration, utility relocation, entrance paving and curb cuts. 8. The Owner shall obtain the approval of the Municipality of Clarington's Director of Engineering Services to a design detail for the proposed entrance construction on Centerfield Drive. The required detail must clearly identify all works required for the removal of the existing entrance to the property as well as the construction of the new entrance. The location of all proposed curb cuts/drop curb must be clearly indicated. Any portion of the existing drop curb that is not situated within the proposed entrance must be restored to full curb. 9. All works and services except Regional Municipality of Durham works and services, shall be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings. 10. The Owner shall submit six (6) copies of the detailed Servicing/Grading Plan to the Regional Municipality of Durham. 11" The Owner shall make application and obtain permission for connection to Regional Municipality of Durham services and deposit monies required for the installation of Regional services to the site's property line. 12. The Owner shall obtain written permission from the Central Lake Ontario Conservation Authority ("CLOC") under Ontario Regulation 145/90, the authorities Fill Construction and Alteration to Waterways Regulation, prior to commencing any filling or grading on site. 13. The Owner shall obtain CLOC's approval of an erosion/sedimentation control plan for the site to implement the stormwater management measures as described in the Stormwater Management Report for the site which was prepared by TDL Group Ltd. (2002) as approved by CLOC. 14. The Owner shall install litter bins that are raccoon resistant to minimize attraction of wildlife onto the site during operation of the restaurant to the satisfaction of the Municipality of Clarington's Director of Planning Services. 15. The Owner shall ensure the stabilization of the slopes adjacent to the Farewell Creek Valley on the site to the limit of the environmental protection zone established by the Municipality of Clarington's By-law 84-63, as amended, and shall provide temporary fencing at the perimeter of the site abutting the environmental protection zone to prevent accidental . . . 3 access by construction vehicles, fill or construction debris, to the satsfaction of CLOC. 16. Except as required by the Ontario Building Code, no rooftop mechanical equipment, including air conditioning\heating\ ventilating\equipment shall protrude above the roofline shown on Exterior Elevation Drawing (A5).